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(영문) 서울북부지방법원 2014.12.10 2014가단26153

대여금

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. A. Around May 2003, Defendant Company was established with the representative director C for the purpose of studying, mediating, and brokerage business, etc., and was closed on or around September 2008 and registered as an order for dissolution around December 2, 2011. In other words, around May 2013, Defendant Company registered the representative director as E (the same date after retirement from August 2, 2013) on the Gangnam-gu Seoul and fourth floor as E (the inside director is registered as the same date after retirement from August 2, 2013) and the inside director C (the resignation from August 2, 2013).

B. Meanwhile, around June 2010, C registered its business with B, the said F building 4th floor, and the items as the study and good offices business.

C. On March 7, 2011, a notarial deed stating the purport to accept compulsory execution immediately when a promissory note with the issuer, C, and the Plaintiff is attached on March 7, 2011, the issue date of which is March 7, 2011.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) lent KRW 46.2 million to C on August 5, 2010 as the lease deposit, etc. for operating B, and thereafter, there was a loan claim amounting to KRW 76.7 million in total around March 201, and there remains KRW 45 million upon receiving a partial repayment.

(2) Since the Defendant took over the business of studying in Korea from C around May 2013, the Defendant is liable for the debt arising from the business of the said C, which is the transferor, in the position of the transferee of the business who belongs to the trade name under the Commercial Act.

(3) Therefore, the Defendant is liable to pay the Plaintiff the above KRW 45 million and the damages for delay.

B. (1) The transfer of business under the Commercial Act whether the transfer of business was made between C and the Defendant refers to the transfer of a company organized for a certain business purpose, i.e., human and material organization as a whole while maintaining its identity, and the issue of whether the transfer of business was made is nothing more than any business property.

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