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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. Plaintiff A is a person operating D points, a motor vehicle maintenance business entity, and Plaintiff B, as the wife of Plaintiff A from April 1, 2011 to March 25, 2015 (However, the actual representative director's work seems to have been performed by Plaintiff A), and the Defendant was a corporation incorporated on April 1, 201 by a person operating a motor vehicle maintenance business, including the Plaintiffs, and 18 shareholders including Plaintiff B at the time of its establishment.
B. The Defendant’s shareholders, including the Plaintiff B (actually, the Plaintiff), can easily secure a rental car demand location, such as the vehicle leasing and borrowing of the accident vehicle or ordinary repair lending, at the automobile maintenance business entity, and determined that the rental car business would also be helpful to the maintenance business entity, which is the existing business, and sought to engage in a rental car business.
However, most of the sirens required by each shareholder's maintenance enterprise are merely 1,2, but in order to obtain a license for a siren business, at least 50 new vehicles and offices are required. As such, Defendant shareholders have invested capital of KRW 50,000,000 in equally divided shares and established the Defendant, and the relevant shareholder bears the delivery of the sirens and the remaining installments with respect to the sirens operated by each shareholder's maintenance enterprise, and if the profits from the sirens enter the account of the Defendant corporation, the remaining profits are paid to the relevant shareholder after deducting certain expenses, such as the operating expenses of the corporation.
[Ground of recognition] Evidence No. 8, Evidence No. 24-2, the purport of the whole pleadings
2. Determination on the main claim
A. The gist of the Plaintiffs’ assertion ① From May 27, 2011 to June 20, 2014, Plaintiff A lent a total of KRW 169,70,000 to the Defendant, as shown below (hereinafter “Plaintiffs’ assertion 1”).
Therefore, the defendant is obligated to pay the above borrowed money to the plaintiff A.
The date of order 1 May 27, 201.