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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 16, 2011, the Plaintiff is a company established for the purpose of the business of the lighting exhibition hall (the trade name was C, which was changed to D, Co., Ltd. as of October 12, 2012, and as of May 27, 2014) and the Defendant was the Plaintiff’s inside director and the representative director from February 28, 201 to August 6, 2013.
The Defendant’s final and conclusive judgment filed a lawsuit against the Plaintiff, including Jeju District Court Decision 2012Ga2015, and the Defendant paid KRW 174,635,314 in total with respect to the Plaintiff’s business from January 18, 2010 to March 25, 2012, and lent KRW 118,47,60 in total with project promotion expenses to the Plaintiff. The judgment became final and conclusive around June 13, 2013, “the Plaintiff shall pay to the Defendant KRW 293,112,914 in total, and with respect thereto, five percent per annum from August 10, 2013 to June 13, 2013, and twenty percent per annum from the next day to the day of full payment” (hereinafter “instant final and conclusive judgment”).
The Defendant and E’s share transfer agreement filed a complaint against E on the suspicion that E embezzleds the Plaintiff’s funds against E, and on December 11, 2012, E agreed to transfer 8,225 shares out of 16,450 shares owned by E to the Defendant 8,225 shares.
Nevertheless, E did not transfer the above shares to the Defendant, the Defendant filed a lawsuit against E and the Plaintiff on the claim for transfer of shares, etc. with the Jeju District Court 2013Kadan965, Jul. 5, 2013, “E delivers shares to the Defendant,” and the Plaintiff was sentenced to a favorable judgment of the Defendant that “the Plaintiff shall implement the transfer of ownership under the name of the Defendant,” and the above judgment became final and conclusive around that time.
The plaintiff F et al.'s management acquisition agreement G and F knew that the plaintiff's actual situation was about to take over the plaintiff's management right, and that the plaintiff's obligation is 50% between H and E on June 28, 2013.