양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C is a corporation incorporated on April 22, 2014 for the purpose of real estate rental business, etc.
The defendant was appointed as the representative director at the time of incorporation of the above company and resigned on August 12, 2014, and D was appointed as the representative director of the above company on August 12, 2014, and was dismissed on October 31, 2017.
B. C Co., Ltd. newly built a commercial building in E at the time of Chungcheongnamsansan, and completed registration of initial ownership on October 20, 2016.
C. On August 22, 2016, the sales price for the instant commercial building was KRW 2.8 billion (excluding value-added tax) with respect to the Defendant and the said commercial building (hereinafter “instant commercial building”). On October 20, 2016, the Defendant completed the registration of ownership transfer for the instant commercial building on the ground of the instant sales contract (the cause of registration: trade: August 22, 2016), and on the same day, transferred the instant commercial building to the account in the name of C after borrowing KRW 1 billion from the national bank as collateral (hereinafter “instant loan”).
On July 27, 2017, C transferred to the Plaintiff the claim amounting to KRW 675,81,000,000, out of the remainder of the sale price of this case to the Defendant of the said company, and notified the Defendant of the fact on July 28, 2017 and the notice was issued around that time.
(hereinafter referred to as the "transfer of claim of this case"). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5 (including branch numbers), witness F's testimony, and the purport of the whole pleadings.
2. The gist of the Plaintiff’s assertion is: (a) from August 2014 to June 2016, the Plaintiff lent KRW 1 billion to C Co., Ltd.; (b) KRW 400,000,000; and (c) the amount of the claim at issue is KRW 675,81,000.
On the other hand, C did not receive KRW 1.6 billion out of the sales price of the instant case from the Defendant, and on July 27, 2017, 675,811,000 out of the sales price claim through the assignment of the instant claim.