Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From September 29, 2016 to July 3, 2017, the Defendant asserted by the Plaintiff was holding office as the representative director of the Plaintiff, and the Plaintiff’s name is obligated to pay the Plaintiff the amount of KRW 600,000,000, totaling KRW 706,000,000 on November 23, 2016, and KRW 106,000 on December 6, 2016, and arbitrarily used the Plaintiff’s loan amounting to KRW 706,06,00,000. The Plaintiff’s loan and interest obligation against CF still remains remaining in KRW 706,06,00, and the Defendant is obligated to pay the Plaintiff the amount of KRW 706,064,00 and delay damages.
2. We examine the following facts: (a) there is no evidence to acknowledge that the Defendant arbitrarily used KRW 706,00,000 from CF 1; (b) rather, in full view of the arguments stated in the evidence Nos. 2, 10, 19 through 19, D Co., Ltd. (hereinafter “D”) bears the obligation of loans of KRW 600,000 to CF 13; (c) on September 29, 2016, as it established the Plaintiff by dividing the part of the railroad enterprise into the part of the railroad enterprise, it would have the Plaintiff take over the obligations of loans to CF 10,000,000 after receiving the Defendant’s loans of KRW 60,000 from CF 10,000 after taking over the Plaintiff’s shares and management rights from CF 20,000 after taking over KRW 80,000,000 after taking over the Plaintiff’s loans from CF 60,0006.