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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 3, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established by the Plaintiff as a contribution of KRW 50 million in capital (hereinafter “instant invested”). The Plaintiff, on behalf of the Plaintiff’s wife D, has actually performed its duties in the Defendant Company for the period when D is the representative director. At the present, Defendant C was an employee of the Defendant Company from the time of its incorporation to October 2014.
B. On May 9, 2014, the Plaintiff loaned 54,000 won to Defendant Company by November 12, 2014, including the payment of KRW 10 million to the Defendant Company. However, on December 17, 2014, the Plaintiff’s loan balance to the Defendant Company is KRW 78,405,360 (hereinafter “instant loan”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant Company bears the Plaintiff’s obligation equivalent to the instant loan, and Defendant C agreed to pay the instant loan by June 30, 2015 in the process of acquiring the Defendant Company’s loan by June 30, 2015. As such, the Defendants are jointly obligated to jointly return the instant loan.
B. The Plaintiff contributed the instant contribution to the capital related to the establishment of the Defendant Company, and the Defendant C, the actual owner and manager of the Defendant Company, agreed to pay the instant contribution to the Defendant Company by June 30, 2015 in the process of acquisition of the Defendant Company as the acquisition price for the Defendant Company. As such, the Defendants are jointly obligated to jointly return the instant contribution.
3. In the above facts, as seen in the above facts, the defendant company was liable for the debt equivalent to the loan of this case against the plaintiff, and the plaintiff contributed the contribution of this case at the time of the establishment of the defendant company.