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1. The Defendant (Counterclaim Plaintiff) paid KRW 37,653,684 to the Plaintiff (Counterclaim Defendant) and its related amount from January 20, 2015 to May 26, 2016.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. The Plaintiff is an unlimited partnership with the objective of wholesale business, etc. of alcoholic beverages. Nonparty C is, on behalf of the Plaintiff, a promissory note with a face value of KRW 300 million at the Defendant on February 3, 2009 (hereinafter “instant promissory note”).
No. 292 of the Promissory Notes No. 292 of the No. 2009 (hereinafter “No. notarial deeds of this case”) issued by a notary public on the same day.
(B) The Defendant is a creditor of the Promissory Notes. (B) Nonparty D was appointed as the Plaintiff’s representative member on April 29, 1995 and invested a total of KRW 700 million from September 4, 2001. Of them, KRW 560 million and the remainder of KRW 140 million were registered in the name of Nonparty E, the trustee of title.
D around June 8, 2005, around June 2005, Nonparty F re-titled the said E’s shares.
2) On July 6, 2006, D transferred 50% (350 million won) out of the Plaintiff’s equity shares to G with Nonparty G, the wife of Nonparty C on July 6, 2006, at KRW 100 million, and D and G invested each KRW 100 million in operating funds to jointly operate the Plaintiff (hereinafter “instant share sales contract”).
A) Accordingly, on July 31, 2006, G acquired the F’s share of KRW 140 million and KRW 210 million and KRW 200 million as the Plaintiff’s employee, and was appointed as the Plaintiff’s representative member at the same time. The Plaintiff’s trade name was changed from “A unlimited partnership company” to “H unlimited partnership company” on the same day, and C, the husband of G, was in actual charge of the Plaintiff’s management. 3) as the Plaintiff’s business status continuously aggravated, the Plaintiff filed a business suspension report at the competent tax office on November 19, 2007, and received an ex officio notice of business registration from the competent tax office on June 30, 2008.
4 D The remaining portion of D around June 30, 2009 to Nonparty I.