beta
(영문) 청주지방법원 2020.06.10 2019가합57

양수금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(c).. c.

On March 28, 2008, the Defendant and I, who were engaged in the sales agency business in the name of “J”, entered into a comprehensive transfer/acquisition agreement with I on March 28, 2008 with the content that the Defendant succeeds to all the rights and obligations of I related to the instant charnel business.

On December 30, 2008, the Defendant prepared and issued to G church a letter of confirmation that 373 out of the fixed period of the instant charnel shall receive and pay 373 out of the fixed period of the instant charnel E, an incorporated association, in accordance with the letter of commitment to the instant payment (hereinafter “instant letter”).

E. On December 31, 2008, G church prepared a transfer certificate with the following contents to the plaintiffs, and G church notified the defendant and the incorporated association E of the transfer of claims on the same day.

Transfer certificate transferor: The transferee of the G church: the plaintiffs' above G church that borrowed KRW 900 million to the transferee, and confirmed that the transferee of the G church will transfer the register of the shares of the G church (373) to the transferee.

Alley (the average market price of KRW 3.5 million = 1,305,500,00) Provided, That where the G church redeems the amount of KRW 900 million borrowed, the transfer certificate shall be null and void.

F. On August 1, 2012, E, an incorporated association, entered into a security trust agreement with D Co., Ltd. (hereinafter “D”) with regard to the instant charnel building and each real estate listed in the separate sheet, which is the land for the instant charnel building and its site, for the guarantee of debts owed to the Defendant, etc. on August 1, 2012, and completed the registration of D on the same day.

G. On April 2, 2018, G church shall be the Defendant again on April 2, 2018.

According to the certificate of transfer stated in paragraph (1), G church notified the plaintiffs that the principal and interest of the instant loan that G church transferred KRW 2,127,224,109 to the defendant.

H. On January 22, 2018, the District Court rendered a voluntary decision to commence the sale of the instant charnel building and site, and rendered a decision to permit sale on May 20, 2019.