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(영문) 부산지방법원 2016.05.18 2015가합41445
채무부존재확인
Text

1. The Plaintiff’s provisional payment of KRW 568,634,810 to Defendant C corporation does not exist.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant C”) is a corporation with the purpose of cleaning sewage purification facilities and excreta septic tanks, and special cleaning business, such as underground and exposed pipes, and Defendant D Co., Ltd (hereinafter “Defendant D”) is a corporation with the purpose of cleaning sewage purification facilities and excreta septic tanks, cleaning business of septic tanks, construction of septic tanks, repair, etc.

B. The Plaintiffs are married couple, and Plaintiff A is a person who actually worked as Defendant C’s director from July 23, 2007 to October 29, 2013 and actually worked as Defendant C’s representative director, while Plaintiff B was working as Defendant D’s representative director for the same period.

C. On June 11, 2007, the Plaintiffs, at the time of the acquisition by transfer from E and F of the Defendants as the representative director of the Defendants, agreed on the provisional payment from E and F, and at that time, the Plaintiffs agreed that “B (B) shall not be an issue and succeed to this part, as there is no obligation to repay the provisional payment on the account book because it is a part of the book.”

Accordingly, as of December 31, 2007, KRW 270,449,010 entered in the Defendants’ accounting books were succeeded to Plaintiff A, Defendant D’s provisional payment of KRW 127,340,120, respectively, to Plaintiff B.

After that, on October 9, 2013, when the Plaintiffs transferred the Defendants to G and H as a whole, the Plaintiffs agreed on the settlement of the provisional payment, “There is no obligation to repay the provisional payment on the account book because it is the part on the account book, and there is no obligation to do so.” As to this part, the Plaintiffs agreed that “B (G and H) shall not be an issue and shall be succeeded to.”

(hereinafter “instant settlement agreement”). E.

From the date on which the Plaintiffs succeeded to the provisional payment on the account books until October 31, 2013, the recognized interest rate accrued until October 31, 2013 is KRW C236,731,357, KRW D75,03,417, and KRW C568,634,810, the total amount of the provisional payment by the representative director on the account books of the Defendants as of October 31, 2013 is KRW 3568,634,810, and KRW D122,870,120.

(hereinafter “each of the instant provisional payments”). (f) North Busan District Tax Office shall be the tax office.

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