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(영문) 서울동부지방법원 2013.11.22 2012가합13239 (1)

채무부존재확인 등

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's respective claims against the defendant B are dismissed.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1 to 5-2, Gap evidence 10-1 to 11-24, Eul evidence 17, Eul evidence 17, Eul evidence 23, 24, Eul evidence 25, Eul evidence 30-1 to 31-2, Eul evidence 47, and the whole purport of arguments.

The Plaintiff (former Company G) is a company with the purpose of advertising production and agency business, Internet and electronic commercial transaction related business, and the Defendant Company B (hereinafter “Defendant Company”) is a company with the purpose of the business of manufacturing and repairing computers, software production and maintenance business, and the business of installing and maintaining communications equipment. Defendant C was the representative director of the Defendant Company and was the representative director of the Defendant Company from July 7, 201 to June 13, 2012.

B. The Plaintiff constituted H, F, I, and G consortium. On May 18, 2009, the Plaintiff established the J Co., Ltd. (formerly changed H, Co., Ltd.; hereinafter “J”) as an operating corporation, and on June 5, 2009, G consortium entered into a L business contract with the Seoul Metropolitan Government Urban Railroad Corporation with the content that the G consortium or the operating corporation operates K shopping mall (D) in some of the urban railroad stations and electric trains, and operates advertising business.

C. On September 201, 201, the Plaintiff was selected as a D business operator of J’s L business. In order to establish the J’s L project implementation-related system, the Plaintiff entered into a D system supply contract with the Defendant Company with the terms and conditions as follows (hereinafter “instant supply contract”). However, the said contract amount is divided into two, and the contract amount is KRW 462 million (including value-added tax) and the contract amount is KRW 428,769,596, value-added tax on September 25, 201 and the contract amount is KRW 428,769,596, value-added tax on September 25, 2011, which is the period from September 25, 2011 to December 31, 2011.