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1. The plaintiff's main claim is dismissed.
2.(a)
The attached Form is signed on March 31, 2016 between the defendant and C.
Reasons
1. Basic facts
A. C (hereinafter “C”) such as the establishment of a stock company C (hereinafter “C”) was established for the purpose of transportation business, etc. on March 29, 2013; D) was appointed as the representative director of C on February 19, 2014, and was dismissed from office as the representative director on December 21, 2015; E was appointed as the representative director of C from September 3, 2015 to June 2, 2016; and F was employed as the inside director of C from November 2, 2015 to June 2, 2016, respectively.
B. The Plaintiff’s claim 1) sold the total amount of KRW 15 G low-floor bus amounting to KRW 3,221,00,000 in total, around 2014, the Plaintiff agreed to cover KRW 1,497,610,000 out of the sales amount with subsidies for high-floor buses (hereinafter “instant sales contract”).
(2) On May 15, 2014, the Plaintiff supplied 15 low-floor buses (registration number: H-I, J-K, L, and M) pursuant to the instant sales contract to C, and received the total of KRW 1,284,034,00 from the Goyang-si on January 16, 2015 for 13 out of the 15 Goyang-si (registration number: H-I, J-K) subsidies for low-floor buses.
3) Although C was supplied with 15 low-floor buses from the Plaintiff, the Plaintiff and C did not pay part of the purchase price stipulated in the instant sales contract. On February 2, 2016, the Plaintiff and C approved that the remainder remaining after partial payment of the 331,394,280 won as of September 30, 2015 and the 314,803,995 won as of November 30, 2015, and C shall pay the remainder of the 314,803,95 won as of the end of each month from December 2, 2015 to August 30, 2017 and pay the remainder of 198,672,00 won to the Plaintiff on January 30, 2017.
4) After December 31, 2015, the Plaintiff received KRW 16,590,285,000,000 from C, plus KRW 11,060,190 (monthly, January, 2016) on April 18, 2016.
C. On January 11, 2016, the Defendant’s establishment and the conclusion of a transfer contract of passenger transport business between the Defendant and C, etc., E and F, andO shall be community buses on January 11, 2016.