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(영문) 광주지방법원 2018.05.03 2016가합58296

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) C (former trade name: D: hereinafter “C”) Co., Ltd. is a stock company with the purpose of electrical construction business, etc.

(A) From around 2008 to March 30, 201, E practically operated C (No. 5, No. 10-1, No. 2) from around 2008 to March 30, 201, Defendant A) was a stock company established for the purpose of solar power generation and electric sales business (No. 6-1, 2, 2007). F was established on October 5, 2007, and was registered as the Defendant’s auditor on the corporate register, and began to substantially operate the Defendant from the time when it was registered as the Defendant’s auditor.

(A) evidence Nos. 5, 6-1, and 2-3 pages of the testimony of witness F.

On January 3, 2008, the Defendant contracted the construction work of the instant power plant to C, and paid KRW 100 million as down payment to C on January 3, 2008, by awarding construction work of solar power plants located in Jeon Chang-gun G (hereinafter referred to as the “instant power plant”) located in Jeon Chang-gun, Chang-gun, Seoul (hereinafter referred to as the “instant power plant”).

(A) No. 10, 17 pages)

On July 1, 2008, E intended to merge the construction cost of the instant plant with C and H, a company listed on KOSDAQ, from around 2008 to the Defendant. At that time, C could not merge with an unlisted company if the outstanding claim of the company listed on KOSDAQ exceeds 50%. However, at the time, C was in the status of over 50% due to the failure to receive the payment of the construction cost of the instant plant from the Defendant, and E lent its personal funds to the Defendant on July 1, 2008 in order to reduce the unpaid claim ratio of C, and the Defendant immediately paid the said KRW 6.4 billion to C as the construction cost of the instant plant.

(No. 5 No. 6 pages). In the above manner, E created the unclaimed claim of C at KRW 1.2 billion (the construction cost of the instant power plant - KRW 100 million - the down payment already received - KRW 6.4 billion).

In the end, E is the defendant with his own personal funds.