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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. The relationship 1 between the parties is a company established on October 31, 2006 for the purpose of collecting forest aggregates. 2) The Defendant’s type C substantially operated the Plaintiff Company. By October 21, 2013, the Defendant served as the representative director of the Plaintiff Company and participated in part of the Plaintiff Company’s operation.
3) Around April 23, 2013, D, C, and the Defendant entered into a joint agreement with the Plaintiff Company to jointly engage in mining activities based on mining rights after investing KRW 3 billion in the Plaintiff Company. 4) According to the joint agreement, D and the Defendant were appointed as a joint representative director of the Plaintiff Company on October 22, 2013, and the Defendant was dismissed from office as joint representative director on May 12, 2014, and D had resigned from office as representative director on January 22, 2016.
B. On June 17, 2014 and July 30, 2015, the Defendant issued a written confirmation 1) on June 17, 2015 between the Plaintiff Company and the Plaintiff Company, “The Defendant shall pay all the monetary liabilities (including unpaid amounts, etc.) the Plaintiff Company’s name or the Plaintiff Company’s guarantee on the Defendant’s account, including the Plaintiff Company E., and on the Defendant’s account. On the premise that the Defendant has repaid all the obligations, the Plaintiff Company prepared a written confirmation that “The Plaintiff Company shall transfer the Offset (F.) currently used to the Defendant free of charge at the time of replacing the Offset with a new Offset.” (2) On July 30, 2015, the Defendant again prepared a written confirmation between the Plaintiff Company and the Defendant Company, including the Plaintiff Company, that “the Defendant shall bear the obligation to repay the Plaintiff Company’s obligations (including all the monetary liabilities, such as accounts payable on the Defendant’s account, and including the obligations newly discovered in the future).”
C. G and H Co., Ltd., the Defendant’s punishment number of G and H Co., Ltd., the Gwangju High Court Decision 2017Na15408 decided November 14, 2018, are the Seoul High Court Decision 2016Gahap584 decided November 14, 201.