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(영문) 수원지방법원성남지원 2015.01.08 2014가단216767
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C (registration number D; hereinafter referred to as “Nonindicted Company”) is a corporation established on June 14, 2010 with the head office ofHanam-si as its head office, 10 million won as capital, and F as its representative director, and G as its in-house directors for the purpose of operating food and beverage sales, miscellaneous retail, etc.

After that, the trade name of the non-party company was changed to H on September 23, 201, and the representative director was changed to G on September 10, 2012, and the head office was changed to Gangnam-gu Seoul on May 17, 2012, and the Seoul Gangnam-gu J and 201 on January 15, 201.

In addition, the shares of the non-party company are 80% G, and K (in-house directors on September 10, 2012) hold 20%, respectively.

On the other hand, the non-party company was closed at the present when it entrusted the main points of the Gyeonggi-do Office, Suwon-si, Korea Expressway Corporation, etc. located in the Seoul Metropolitan area.

B. On January 3, 2014, the Defendant Company was a corporation incorporated with H as the representative director, and M as an internal director, for the purpose of operating food beverages, food retail businesses, etc. as the trade name of H on January 3, 2014, as the main office of Sungnam-si L, Sungnam-si L, 711, five million won as capital, and five million won as capital.

After that, the name of the defendant company was changed to B on August 28, 2014, and the representative director was changed to N on March 26, 2014.

And the shares of the defendant company are N 100%.

C. On December 4, 2013, Nonparty Company and M issued and delivered to the Plaintiff a promissory note, the payee of which (hereinafter “instant promissory note”) on the date of payment, February 28, 2014, and the date of payment.

However, the Plaintiff was not paid KRW 190 million among the Promissory Notes of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, 6, 10 evidence, Eul evidence 1-4, Eul evidence 5-2, 3, and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are the cause of the instant claim, and M&, the issuer of the Promissory Notes, invested the business rights of the non-party company.

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