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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff was married on November 15, 1971 with the non-party C, but divorced on January 20, 201, and the defendant was the remaining birth of C, and the plaintiff was the wife of the plaintiff.
B. The Defendant was the representative director of D Co., Ltd. (hereinafter “D”), around 1993, and D was dissolved under Article 520-2(1) of the Commercial Act on December 15, 1998, and the liquidation was completed on December 15, 2001.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 7, the purport of the whole pleadings
2. Determination on this safety defense
A. On March 26, 1993, the Plaintiff was requested to invest KRW 250,000,000,000 in connection with the business of transferring the Switzerland's steel pressure and food manufacturing plant located in Korea to China from the Defendant, who was the wife as of March 26, 1993. Upon commencement of the business in China, the Plaintiff invested KRW 250,000,000 in D on March 26, 1993 on condition that the Plaintiff and the Defendant divided the shares of the newly established Chinese corporation into 50,000,000,000,000,000 won, on condition that they jointly participate in the business. (ii) around 1995, D moved domestic factories and facilities into the permanent flag development zone in China, and established E-limited construction in China.
However, the Defendant did not transfer 1/2 of the shares of the said limited company, which was the first investment condition, to the Plaintiff, and the Defendant alone managed the said company.
3) D, operated by the Defendant, was processed in default on or around May 1995, was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 15, 1998, and the liquidation was completed on December 15, 2001. 4) With respect to the Plaintiff on December 3, 1997, the Defendant shall jointly and severally repay the amount of KRW 250,000,000 with D. In repayment, interest or delay damages shall be paid at the rate of 25% per annum from March 26, 1993, which is the date of investment, by adding interest or delay damages at the rate of 25% per annum from March 26, 1993 to December 31, 2010.