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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. E, while engaging in the business of transporting Chinese goods with the trade name of “F”, retired on March 19, 2013 while serving as the representative director of the Defendant Company established for the same business purpose on January 18, 2012, and retired on October 10, 2013 and resigned on November 28, 2013.
B. Plaintiff A and B were employed as an employee of “F” operated by E, and were employed as an inside director (from October 13, 2012 to December 13, 2012, from October 10, 2013 to November 28, 2013) and the head of the company (from the incorporation of the Defendant Company to December 28, 2012), and the Plaintiff A was in general in charge of the fund management of the “F” and the Defendant Company. Plaintiff C was in office as a director of the Defendant Company from December 13, 2012 to November 28, 2013.
[Ground of recognition] The fact that there is no dispute, Gap's 5, 6, 15, 16, Eul's 4 and 5 (including branch numbers), and the purport of the whole pleadings.
2. Judgment on the grounds of the plaintiffs' claims
A. (1) Plaintiff A transferred G Damar Motor Vehicle (hereinafter “instant Motor Vehicle”) to E, one of his own ownership, around 2008, and set the transfer price at KRW 4,000,000 to treat it as a loan.
In addition, from March 25, 2009 to December 13, 2012, Plaintiff A lent KRW 234,208,749 (Provided, That on March 24, 2012, excluding KRW 2,00,000, which was remitted from Plaintiff A’s account to H’s account, to Plaintiff A’s account, KRW 232,208,749) to E and Defendant Company; E agreed to pay KRW 6,00,000 as the interest on the loan; and on December 13, 2012, Plaintiff A’s last loan date, Plaintiff A agreed to pay the outstanding loan amount by January 13, 2013.
Meanwhile, the Defendant Company agreed to comprehensively succeed to the claims and obligations of E related to “F”, and even if not, the Defendant Company acquired the business of “F” and transferred the business of “F” to the transferor.