beta
Text
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The former situation of the instant case was 1) D Co., Ltd. established on June 9, 200 for the business purpose of manufacturing and selling ice manufacturing and selling ice, and C Co., Ltd., the husband of the Defendant, was appointed as the representative director of the said company on August 30, 200. D Co., Ltd. was transferred from E on June 30, 200. The said company was deemed dissolved on December 1, 2008, and continued on November 30, 201. 2) The said company was established on November 30, 201 by F Co., Ltd., the business purpose of which was to manufacture and sell ice manufacturing and selling ice manufacturing and selling, etc. was established on December 31, 200, and at the time of incorporation, the Defendant owned 43% of the shares of the said company.
C performed product development and production work in the above company.
The company is deemed dissolved on December 1, 2015, and the liquidation was completed on December 3, 2018.
B. The Plaintiff’s claim 1 against C was established on June 14, 2012 by H as the only in-house director for the business purpose of manufacturing and selling ice equipment, etc., and C has been referring to himself as the CEO or representative of the said company. 2) The Plaintiff entered into a ice-to-ice sales contract with H on April 1, 2013, and terminated the said contract on November 14, 2013.
C On November 14, 2013, which was at the time of termination of the contract, concluded an agreement with the Plaintiff stating that “C shall return the total right to purchase ice to H, instead of compensating the Plaintiff for the amount of KRW 31,345,000 operating losses from April 1, 2013 to November 14, 2013 and compensating the Plaintiff from February 28, 2014.”
3. The purport that “C shall pay to the Plaintiff the amount of KRW 31,345,00 per annum from March 1, 2014 to November 6, 2014; and 20% per annum from the following day to the date of full payment,” following the Plaintiff’s objection, following the Plaintiff’s filing of an application for a payment order seeking the payment of the operating loss amount under this Court No. 2014 tea74013, Mar. 19, 2014; and that “C shall pay to the Plaintiff the amount of KRW 31,345,00 and the amount of KRW 20 per annum from the following day to the date of full payment.”