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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Plaintiff’s claim 1) The Plaintiff granted loans to Nonparty Company KRW 3.9 billion on April 6, 2005 with the expiry date of the loan period set as KRW 3.9 billion on September 25, 2002, and KRW 550 million on September 24, 2004. 2) The Plaintiff failed to repay the above loan after the expiration date of the loan period, and the Plaintiff filed a lawsuit against Nonparty Company on the claim for loans, etc. with the Court Decision 2005No332567, Jan. 206, 2006; “In the case of Nonparty Company, Nonparty Company was paid to the Plaintiff the said KRW 2,534,28,796 on October 28, 2005 with the annual interest rate of KRW 21.386,386,386,387.”
B. (1) The Defendant’s representative director, who is the Defendant’s representative director, was in office as a director of the Nonparty Company, making it difficult for the Nonparty Company to conduct normal business due to bad faith, and on April 22, 2009, the Defendant established the Defendant on April 22, 2009. The Defendant concluded a contract on the use of the instant intellectual property rights with the Nonparty Company and carried out business activities using the instant intellectual property rights. (2) On October 26, 2010, the Nonparty Company agreed to transfer the instant intellectual property rights to the Defendant on October 26, 2010, and accordingly, agreed that the Defendant subrogated for the Defendant to pay for KRW 5,630,8
(hereinafter “instant transfer contract”). C.
The non-party company, at the time of entering into the instant transfer contract, has no other assets other than the instant intellectual property rights, whereas the non-party company was liable for the above loans to the Plaintiff, totaling KRW 713,024,750 to the Republic of Korea, and KRW 5,630,829,990 to the Korea Technology Finance Corporation.
[Reasons for Recognition: Facts without dispute, Gap 1-7 evidence, Gap 11 evidence (including each number), the purport of the whole pleadings] 2.