약정금 및 대여금 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 201, the Plaintiff and Defendant C entered into a brand transfer agreement (hereinafter referred to as “instant transfer agreement”) that stipulates that all rights and obligations of the brand name “D” owned by the Plaintiff shall be transferred to Defendant C, and Defendant C shall pay 490 million won to the Plaintiff by May 27, 2011.
B. From May 7, 2011 to June 2, 2011, Defendant C paid to the Plaintiff KRW 320,000 to the Plaintiff several times, and Defendant C succeeded to the Plaintiff’s obligation of KRW 100,000 to E Company instead of paying the price.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) as to Defendant B, the Plaintiff lent KRW 20,000 to Defendant B around 20,000,000 to Defendant B. As such, Defendant B should pay KRW 20,000 as the return of the loan.
(B) (B) Defendant C did not pay the remaining amount of KRW 70 million under the instant transfer agreement to the Plaintiff (i.e., KRW 3., KRW 490 million (the transfer price of KRW 4.9 million- the transfer price of KRW 320 million- the transfer price of KRW 100 million) and Defendant C transferred the loan claim amount of KRW 70 million to the Plaintiff for the payment of the remainder of the loan claim against Defendant B. As such, Defendant B shall pay the Plaintiff the acquisition price of KRW 70 million.
(C) Accordingly, Defendant B shall pay to the Plaintiff KRW 90,00 (=20,000 won of the loan).
(2) Since Defendant B denies the fact that the transfer and takeover of the claim under the above paragraph (1) (b) against Defendant C is denied, Defendant C shall pay the remaining amount of KRW 70 million to the Plaintiff.
(b) Preliminary claims for 70 million won.
Judgment
(1) The determination of the loan claim against Defendant B is examined, and the entry of evidence No. 4 as shown in the above argument is unclear as the date and time of the loan, and objective evidence such as financial data.