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(영문) 광주지방법원 2020.06.12 2019가합53285
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, including the Plaintiff’s assignment order, filed a payment order with Seoul Southern District Court 2018 tea143760 against C (hereinafter “C”) to pay KRW 683,351,907 to C, which became final and conclusive August 23, 2018, stating that C shall pay KRW 683,351,90 to the Plaintiff.

(hereinafter “instant payment order”). Of the distribution expenses (transport expenses) held against the Defendant by Franchi C in gold 247,326,082, the amount up to the above claim amount. On February 26, 2019 based on the original copy of the instant payment order, the Plaintiff was issued with the Gwangju District Court Order 2019TTT No. 5245 with respect to the following claims against the Defendant C (hereinafter “instant assignment order”), and the Defendant was sent each of the instant assignment order to C on March 4, 2019 and April 2, 2019, and the assignment order became final and conclusive on April 10, 2019.

B. C’s logistics expense claim C concluded a logistics contract with the Defendant and did not respond to the conclusion of the logistics contract sent by C on April 3, 2018, and requested C to settle accounts of the “total amount of KRW 247,326,082” (hereinafter “instant logistics expense claim”) until the end of April 2018 when the Defendant carried out the import and export business through another company.

C. On February 14, 2020, C’s representative director D of the criminal judgment against C’s representative director D was sentenced to a suspended sentence of three years for a term of imprisonment with prison labor for the following facts constituting a crime, etc.

[Maju District Court Decision 2018Gohap263, 2019Gohap10 (consolidated), and the present appellate court is continuing (hereinafter “relevant criminal judgment”). 1. The Defendants’ status as the Defendants was established on April 2, 199, and Defendant E (hereinafter, “the corporation”) served as the representative director and the president by February 19, 2018, while exercising overall control over the company’s business, such as management of the company and fund management.

Defendant

The F shall become a representative director, vice-chairperson, general president, etc. by December 1, 199 and by February 19, 2018.

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