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1. Of the instant lawsuit, the part regarding the claim for revocation of the monetary loan agreement between Defendant B and Defendant A on December 18, 2013.
Reasons
1. Basic facts
A. Defendant A is the largest shareholder of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and is currently in the current position of auditor via a director and representative director of the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and Defendant B was in the position of representative director of the Nonparty Co., Ltd. from April 10, 2009 to March 20, 2013.
B. On May 2, 2013, the head of Ulsan District Tax Office under the Plaintiff’s control of the Plaintiff issued a notice of payment of KRW 69,010,392 for the reason that the Non-Party Company did not pay the returned amount of corporate tax after filing a return on the amount of corporate tax for the year 2012; the corporate tax for the year 200,000 for the reason that the returned amount of tax was not paid after filing a return on the amount of corporate tax for the year 2009; the amount of tax for the reason that the returned amount of tax was not paid after filing the return on the amount of interest income for the year 2011; the amount of tax was KRW 3,00,000 for the reason that the returned amount of tax was not paid after filing the return on the amount of tax for the interest income for the year 2012; and the amount of tax was not paid until May 31, 2013; and on July 1, 2013, the Non-Party Company did not paid the amount of tax for the year 16.
C. On August 7, 2012, Nonparty Company sold the building of Ulsan-gun E, F, G, H, H, and I’s site and its ground-based factory (hereinafter “instant real estate”) at KRW 5,780,00,00,000, a company owned by Nonparty Company D.
On March 22, 2013, Nonparty Company transferred to Defendant A the claim amounting to KRW 760,000,000, out of the real estate purchase price of the instant real estate held by Nonparty Company D (hereinafter “instant claim”).
E. On February 20, 2013, Defendant A borrowed KRW 500,000,000 from Defendant B, and confirmed the conclusion of a monetary loan agreement with Defendant B on December 18, 2013, Defendant B collected the instant claim and paid the said money.