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The plaintiff's primary claim against the defendants and the first preliminary claim against the defendant B are dismissed.
Reasons
1. Basic facts
A. The Plaintiff (D Co., Ltd.) is listed on the KOSDAQ-listed market as the company engaged in the business of manufacturing caters for vessel use, the business of manufacturing vessel components, the business of manufacturing speeds, and other transportation equipment. Defendant B Co., Ltd. (former: E Co., Ltd.; hereinafter “Defendant B”).
2) The F Co., Ltd. (hereinafter referred to as “F”) is a company that carries on the manufacturing and sales business of the heading cream, the business of manufacturing vessel components, and the business of plant equipment. 2) The F Co., Ltd. (hereinafter referred to as “F”) is a company with capital of KRW 100,000,000, which was established for the purpose of Defendant C’s colon manufacturing business, the representative director of Defendant C, and the business of manufacturing vessel rails for vessel use on September 9, 2016.
3) The Plaintiff Company I was the largest shareholder of the Plaintiff, holding 4,228,874 shares issued by the Plaintiff. On August 24, 2016, the Plaintiff Company transferred all shares owned by the Plaintiff to Defendant B with KRW 26,219,018,880, and on September 28, 2016, the contract was modified as the transfer of shares to Defendant B, and the remainder 3,805,987 shares to F. The F acquired 42,887 shares issued by the Plaintiff from Defendant B through purchase outside the country on September 28, 2016, and H was the largest shareholder of the Plaintiff. From October 19, 2016 to May 4, 2018, G was employed as the Plaintiff’s representative director from October 19, 2016 to May 28, 2016, and C was employed as the Plaintiff’s director from October 19, 2016 to May 18, 2019.
B. On October 25, 2016, the Plaintiff entered into a sales contract with Defendant B, as well as various structures, equipment, tools, fixtures, etc. (hereinafter collectively referred to as “the subject-matter of the instant sales”).
(2) The term “instant sales contract” refers to a contract under which the sales price of KRW 54,421,00,000 (including value added tax on the remainder of the sales object excluding land) is to be purchased in a lump sum (hereinafter “instant sales contract”).
B concluded with Defendant B.
In this case.