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(영문) 수원지방법원 안양지원 2018.07.05 2016가단110503

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 84,00,000 and its amount shall be from October 31, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. From June 8, 2011, the Plaintiff filed a lawsuit against C Co., Ltd. and D on May 6, 2015 because C Co., Ltd did not pay the printing price. On May 8, 2015, the Plaintiff filed an application for provisional attachment of the claim against C Co., Ltd. on the deposit claims held by Nonparty C Co., Ltd as the debtor, and Nonparty 3 Co., Ltd as the third debtor. on May 8, 2015, filed an application for provisional attachment of the claim against the said third debtor, and received a decision on the provisional attachment of the claim on the 22th of the same month.

B. On September 23, 2015, the Plaintiff and Nonparty C Co., Ltd. were jointly and severally paid KRW 84,000,000 to the Plaintiff, and 4,600,000 per month between October 2015 and February 2017 and 17 shall be paid KRW 5,80,000 each on March 30, 2017. If the Defendants were to pay the above amount once, the Defendants shall immediately lose the benefit of time and pay the balance at one time, and the balance shall be paid in addition to the damages for delay calculated at a rate of 20% per annum from the day following the date of loss of the benefit of time to the day of full payment.”

C. On June 29, 2015, D established the Defendant A Co., Ltd., which was the representative director, and its establishment purpose, matters concerning officers, the location of its principal office, etc., and transferred all of the facilities and major business partners of C Co., Ltd. to Defendant A Co., Ltd., thereby succeeding to Defendant A Co., Ltd.

On December 2015, the Plaintiff filed an application for provisional seizure of claims against the deposited claims against the said third party obligor by designating Defendant A Co., Ltd. as the debtor, and nine financial institutions, including Gangnam Agricultural Cooperatives, as the third party obligor. On January 8, 2016, Defendant A Co., Ltd. received a decision of provisional seizure of claims on the 14th of the same month, and filed an application against Defendant A for provisional seizure of corporeal movables on January 8, 2016.