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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “Nonindicted Company”) was a company that manufactures information communications devices and parts, etc., and the trade name was changed from “C” to “Co., Ltd. on December 6, 2010.
B. On October 6, 2010, the non-party company, the representative D, and E jointly issue and deliver to the Plaintiff’s husband F two copies of the Promissory Notes with the face value of KRW 240 million and KRW 360 million (hereinafter “each Promissory Notes in this case”) around October 6, 201, to the Plaintiff’s husband F, each of which was issued on October 6, 201, and each of which was issued on January 15, 201, and with the face value of KRW 240 million and KRW 360 million on each of the Promissory Notes in this case (hereinafter “each of the Promissory Notes in this case”). On October 6, 2010, a notary public, stating the terms of acceptance of compulsory execution with respect to each of the Promissory Notes in this case, obtained the notarial Deed No. 2112 and 2113, respectively.
C. On April 20, 2012, Nonparty Company and the Defendant entered into a contract on the transfer of the right to claim the return of shares (hereinafter “instant contract”) with the effect that the non-party company transferred the right to claim the return of shares to the Defendant in the attached list of the Central Oral Issuance Co., Ltd. (hereinafter “instant shares”) owned by the non-party company during the period of custody to the Korea Securities Depository.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 12-2 through 5, Eul evidence 8, the purport of the whole pleadings
2. The party's assertion and judgment as to it
A. On October 6, 2010, the Plaintiff asserted by the parties 1, who lent KRW 600 million to the non-party company on January 15, 201 under the joint and several guarantee guarantee of the representative director D and E of the non-party company, and issued and issued each of the instant promissory notes for the security.
After that, the non-party company is the sole property of the non-party company, which is the sole property of the non-party company, with the intention of evading compulsory execution without paying the plaintiff's above loan debt, and the contract of this case is pretended with the defendant for the right to claim the return