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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff is a company running technical service business, consulting business, etc., and D (hereinafter “D”).
The Defendants, who were the shareholders of D, assumed the above service payment obligation of D around September 2014, are obligated to pay to each Plaintiff the amount of the service payment of KRW 43 million, inasmuch as: (a) the hotel soil brea is re-designed; (b) the hotel 2) the hotel blaps design; and (c) the E hotel blaps design (a) the service contract for civil engineering design for the Jinju military unit; and (b) the unpaid service payment related to D’s above service contract reaches KRW 43 million.
B. The Defendants’ assertion 1) did not have any obligation against D with respect to the Plaintiff. (ii) Since the business of re-designing soil of hotel soil was completed on or around May 2009 with respect to the design service for the first time in the early 2009 and the second time in the Round E hotel soil of Bangladesh, the extinctive prescription for this portion of the service payment claim was completed on or after the lapse of five years from the date of completion of each business.
3) There was no fact that a service contract was concluded between the Plaintiff and D with respect to the civil engineering and design services for the Jinju unit among the service costs claimed by the Plaintiff. In full view of the respective statements in the evidence Nos. 3 and 6 and No. 1, Defendant A notified that “F was dismissed as the representative of D on April 17, 2014 by a resolution of a temporary general meeting of shareholders,” to the effect that “F was dismissed as the representative of D on March 31, 2014.” The Defendants asserted that F embezzled the amount of KRW 74,28,000 deposited in the corporate account under the name of D around May 30, 2014; thereafter, F and the Defendants acquired D corporate loans from D; and that the Defendants actively agreed to accept assets and liabilities except for D’s loans; and that both Defendants agreed to actively resolve the agreement.
In fact, after the agreement of this case, the Defendants.