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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C established on March 30, 200, and served as the representative director after establishing D Co., Ltd. (hereinafter “D”), E, the wife of C, has served as D’s auditor, and C’s colon, the Plaintiff, the wife of C, has served as D’s director respectively.
B. Around September 2008, as D was placed in a serious business crisis, C promoted asset reorganization and debt disposal and corporate sale. At the time, F, G, etc., which had been employed by D, established the Defendant Company on September 25, 2008 for the purpose of continuing its business by accepting D’s machinery and equipment, etc., and F was appointed as the representative director of the Defendant Company on the same day.
C. As of October 1, 2008, the Defendant Company entered into a contract with D to take over all of D’s drone equipment and vehicle transport equipment and office equipment, and the said contract includes the type and details of the obligation to be taken over or repaid by the Defendant Company, including not later than August 31, 2008 of unpaid wages (including bonuses) and retirement allowances, and approximately KRW 510,212,144 of retirement allowances.
When the defendant company delays the repayment or acceptance of the obligation stipulated in the contract of transfer or takeover of the above paragraph (c), the future information industry, the two capitals and the Korea Credit Guarantee Fund, which is the creditor of D, provisionally seized the real estate owned by D's real estate and the plaintiff'
E. As of April 14, 2009, the Defendant Company concluded a contract with D to assume the obligation of approximately KRW 2,466,00,000, including approximately KRW 350,000,000 of the unpaid wage obligation of D (hereinafter “instant contract to assume the obligation of this case”), and its main contents are as shown in the attached Form.
F. On February 11, 2009, the Defendant Company stated that “the Defendant Company shall pay 172 million won to the Plaintiff, etc., contained in the instant debt acquisition contract, and shall provide the machinery owned by the Defendant Company as a security for transfer to secure this.”