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(영문) 서울남부지방법원 2017.11.09 2015가단244153

채무부존재확인

Text

1. The total amount of KRW 121,00,000 issued by A to the Defendant (Counterclaim Plaintiff) on November 30, 2012.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts may be acknowledged, either in dispute between the parties, or in combination with the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 10, 11, 1-1 through 6, 2-1, 2-2, 3-1, 3-15, 16, 17-1, 2-2, 18, 19, 19.

(1) The Plaintiff, Defendant’s relation, etc. (1) A (hereinafter “A”) is a company established mainly for the development, sale, and distribution of mobile tax base in 2007. The Defendant is a company established for the purpose of the wholesale business of telecommunications equipment and parts, and purchases mobile tax base from the Plaintiff and sells them to consumers or delivers goods to the Plaintiff.

(2) D (D, hereinafter referred to as “D”) is a system that certifies that the design and quality of E mobile phones developed by small and medium enterprises passed the reliability test set by E.

A has been a sales right to receive and sell a liquid book with respect to E mobile phones exclusively from D companies in Korea until 2012, as almost the only D companies in Korea.

(3) The F, a representative director of the G Company A, held 76.1% of the shares of the J Company that manufactures and supplies E with the third who is the president of the H of the G Company H, and operated A as the same. The J Company held 71.4% of the shares A.

A, which had been 13.3 billion won in 2009, had been 23.6 billion won in 2010 and 40 billion won in 201, and since 2012, A achieved 90 billion won in sales and 4.2 billion won in operating income in 2012.

A had been aimed at listing in 2013, but since 2013, E had been operated in the form of a tecmulpo, the results of the operation of the CNF team (e.g., a liquid set of team) has deteriorated by 3.4 billion won as the wind to enter the mobile phone liquid accounting and peripheral devices business.