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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The relevant plaintiffs on the basis of facts (hereinafter referred to as the "Plaintiff company") operate Dgas filling stations and E gas filling stations as companies that sell liquefied petroleum products, service business, etc.
F as a major shareholder of the Plaintiff Company, the F served as the representative director of the Plaintiff Company from February 3, 2004 to February 3, 2007, and from May 9, 2007 to January 18, 2012, and is currently the actual operator of the Plaintiff Company.
Since April 2009, F was detained as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes (thief) and Defendant C, a shareholder and director of the Plaintiff Company, and Defendant B, their wife, managed D gas charging business offices and Egas filling business offices from September 2009.
Defendant C was in office as a director of the Plaintiff Company from May 9, 2007 to April 26, 2013, and Defendant C, the wife of Defendant C, was in office as the representative director of the Plaintiff Company from January 18, 2012 to April 26, 2013.
At the time of August 31, 209, the agreement between Defendant B and H was entered into with respect to the business transfer of D gas filling stations and E gas filling stations, which were under the name of G, the former director of the Plaintiff Company, as of August 31, 2009.
D A contract for the transfer of business affairs related to the E gas filling station is for the net asset value calculated by subtracting total liabilities from total assets on the books as of August 31, 2009. The transferee B stated that the transfer price of KRW 11,182,403 on the date of the contract is paid to the transferor H in lump sum on the date of the contract, and the transferor H shall receive it regularly. In the contract for the transfer of business affairs related to E gas filling stations, the transferee H, the transferee Defendant B, and the transfer price is for the net asset value calculated by subtracting total liabilities from total assets on the books as of August 31, 2009.
The transferor H shall pay KRW 11,361,592 to the transferee B on the date of the contract.