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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
1) The Plaintiff is a company running the equipment leasing business. 2) Defendant A is the mother of representative director C Co., Ltd. (hereinafter “C”) and D.
Defendant A was appointed as C director on June 16, 2004, and the registration of his appointment was completed on June 17, 2004, and on June 16, 2007, Defendant A retired from C director on June 16, 2007, and completed the registration of his retirement on March 16, 2009.
3) Defendant B is the senior mother of C representative director D. Defendant B was appointed as C Auditor on October 31, 2005, and the registration of his office was completed on November 3, 2005. On March 31, 2008, the registration of his retirement was completed on March 16, 2009 after C’s retirement from C Auditor. The Plaintiff leased equipment from around 2007 to around 2008 with respect to the subcontracted construction work by C, and received a written notice of payment from C that “The Plaintiff would pay KRW 63,761,500 from January 208 to July 13, 2008.”
2) On November 18, 2008, the Plaintiff filed an application for a payment order against C for the payment of equipment user fee (Seoul District Court Seosan Branch Office 2008 tea1266), and on November 20, 208, the court rendered the above case “C shall serve the Plaintiff 52,63,050 won per annum from September 14, 2008 to 63,761,50 won per annum from August 2008 to October 2008 (the above payment order shall be served 2,582,00 won per annum from August 2008 to October 2008 to 6% per annum from September 14, 2008 to 6% per annum, and the above payment order shall be served 18% per annum from the next day to 208 to 20% per annum.”
(1) On December 23, 2008, the Plaintiff issued a collection order with the title of execution with respect to the instant payment order on December 23, 2008, pertaining to “the amount, other than wages, reaches KRW 54,056,59,000,000,000,000,0000,000,000 won, excluding wages, out of the E