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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates management consulting business, and the non-party C (hereinafter “C”) is a company that manufactures and sells vehicle freezing machines, and the above two companies were established by D, a inside director of the Plaintiff company.
B. The Defendant is a company engaged in the manufacture and sale of industrial hot water, damp water, and control machinery. Nonparty Co., Ltd., Ltd. is a company established to take over spot assets from Nonparty Co., Ltd. in order to carry on freezing and freezing vehicles for freezing, refrigerating, and greenhouse food transport, and the above two companies (hereinafter collectively referred to as “Defendant company”) were incorporated by F, a director of the Defendant company.
C. G Co., Ltd. was registered in the name of C on September 21, 2012, on the condition that the title of registration is transferred five years after the date of transfer, with respect to the electric power control equipment and method of vehicles used in freezing, refrigerating, and greenhouse gas transport (hereinafter collectively referred to as “instant patent”), as a company that holds shares of 51% in H and three others, and the remaining 49%, with respect to the cooling system for freezing vehicles (patent number J).
Around August 29, 2013, F, the Defendant’s internal director, engaged in negotiations on the transfer of goods, such as the technology, parts, equipment, tools, etc. for the freezing of the vehicle owned by C, between D and D, the Plaintiff’s internal company company, on the basis of the Free Trade Zone manufacturing business, and agreed to expect and negotiate the initial purchase price of KRW 500,000,000, but reduce the total purchase price of KRW 300,000.
Accordingly, on November 28, 2013, F and D enter into an asset acquisition agreement with F and C on the acquisition of the goods, such as the frozen machine manufacturing parts, tools, etc., in the form of KRW 20,000,000 (hereinafter “instant asset acquisition agreement”) with F and C, and on December 30, 2013, with the parties to the contract as the original and the Defendant, with the remuneration of KRW 280,000,000.