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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 19, 2009, the Defendant entered into a contract with D LLC, a Chinese corporation (hereinafter “North Korean corporation”) to possess exclusive right to import and sell goods, such as E, produced by the said company (hereinafter “instant product”).
B. Since June 2010 to July 201 of the same year, the Defendant agreed with the Plaintiff to enter into a partnership agreement on the business of importing and selling the instant product, and in relation thereto, on July 30, 2010, the Defendant incorporated the F Co., Ltd. (the trade name at the time of incorporation was “stock company G” but the trade name at the time of incorporation was changed thereafter; hereinafter “small Company”). The Plaintiff was appointed as the representative director.
C. On November 30, 2009, the Plaintiff lent KRW 7 million to the Defendant twice, and on November 30, 2010, the Plaintiff filed a lawsuit against the Defendant for a loan claim against the Seoul Northern District Court Decision 2010Da162307, Seoul Northern District Court. On December 7, 2010, the said court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) stating that “the Defendant shall pay the Plaintiff KRW 7 million and delay damages therefrom,” and the said decision on performance recommendation became final and conclusive as is, because the Defendant did not raise an objection.
On January 7, 2011, the non-party company filed a lawsuit against the defendant on the ground that "the plaintiff entered into a partnership agreement with approximately KRW 100 million with the purport that the plaintiff shall invest the above exclusive import and sale right in the non-party company," and the defendant fulfilled the procedure for transferring the exclusive import and sale right to the non-party company (Seoul East East District Court 201Gahap410), but the defendant appealed against the non-party company on the ground that "the lack of evidence to acknowledge that the agreement was entered into with the above business agreement," and on April 28, 2011, the non-party company appealed against the judgment of the court of first instance on May 19, 201.
E. In addition, the Plaintiff on April 15, 201.