추심금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's gist of the plaintiff's assertion was the first defendant's claim for collection amount based on the collection order and seizure of the claim against the third debtor, but changed the cause of the claim in exchange for the following.
On August 2010, the Defendant and C entered into a partnership agreement on the operation of a store with trade name as D (Defendant 66.7% of the equity ratio, C33.3% of the equity ratio).
On August 12, 2013, the Plaintiff, the Defendant, and C drafted a written agreement (Evidence 1) stating that “If C cannot repay KRW 100,000,000,000 borrowed from the Plaintiff by August 15, 2015, it shall transfer 33% of C’s equity in the partnership business under the agreement to the Plaintiff, and the Defendant shall consent to the agreement,” and the Plaintiff secured the agreement, lent KRW 100,000,00 to C as security.
Accordingly, in order to hold and preserve C’s right to withdrawal from partnership under a partnership agreement with the Defendant on August 12, 2013, the Plaintiff claimed 50,000,000 won loan claim or the right to claim for the transfer of partnership shares, which was not received out of 100,000,000 won loan claim against C, or the right to claim for the transfer of partnership shares under a partnership agreement with the Defendant on August 12, 2013. The Plaintiff claimed 50,000,000 won as liquidation money for partnership relations, which is equivalent to 33% of the business value, including the value of D's goodwill.
B. The 1st preliminary claim C and the defendant are the 1-A.
The Plaintiff entered into a partnership agreement as stated in paragraph (1). Under the agreement signed with C and the Defendant on August 12, 2013, the Plaintiff believed C and the Defendant to transfer the shares in the partnership agreement on D as a bond security to C and lent KRW 100,000,000 to C.
However, as the defendant's assertion, if C did not perform the investment obligation under the partnership agreement, and C did not have any share in the partnership agreement, and it cannot be transferred to the plaintiff, the defendant eventually made up the above agreement, thereby actively deceiving C's legal relationship with respect to share in the partnership agreement.