청구이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic facts, A Co., Ltd. (hereinafter referred to as “A”) concluded a sales agency service agreement with the company, which was established for the purpose of real estate rental business, sales business, etc., which was entrusted by the Jung-gu Seoul Metropolitan Government G commercial building (hereinafter referred to as “instant commercial building”) on May 24, 2006, and performed the sales agency business of the instant commercial building.
H was the first employee of A, and was the only director (at the time) who was the representative of A on October 17, 2007, and was in office as the representative director of A from October 2, 2008 to October 2, 2008.
A was declared bankrupt on June 25, 2010 by Seoul Central District Court 2010Hahap20, and the plaintiff was appointed as a trustee in bankruptcy on the same day.
The Defendants, as designated by H, remitted money as follows.
On June 7, 2006 and June 12, 2006, Defendant F remitted KRW 50 million in total to a corporate bank account under the name of Hyundai Bank, Inc., a corporate bank account, KRW 20 million on October 1, 2007, KRW 20 million, and KRW 10 million in total to the agricultural bank account under the name of J on January 28, 2008.
The sum of KRW 70,000,000 from March 20, 2008 to April 1, 2008, Defendant C transferred to the National Bank Account in the I’s name; KRW 70,000,000,000 in total from March 19, 2008 to April 2, 2008; and KRW 70,000,000 in total from March 19, 2008 to April 2, 2008.
The Notarial Deed No. 10,000, issued, on April 20, 2009, a promissory note No. 10,000 won at maturity to the Defendants on June 20, 2009; Defendant C, D, and E; and Defendant F, respectively. On the same day, in a case where the payment of the said promissory note is delayed in its own and A’s name on the same day, a notary public recognizes that there is no objection even if he/she is subject to compulsory execution.