대여금
1. The defendant is located in the first floor, second floor and underground floor among the real estate buildings listed in the attached list against the plaintiff corporation A.
Facts of recognition
Plaintiff
A Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Plaintiff A”) is a corporation established to engage in the business of manufacturing and selling ready-mixed products.
On May 25, 2016, the Defendant entered into a contract for acquisition of assets (hereinafter “the first transfer contract”) with respect to the Plaintiff’s land, building, and solid art works (e.g., interior works, equipment, fixtures, etc.) indicated in the separate sheet (hereinafter “instant solid works”) attached to the Plaintiff’s land, building, and the first floor of the building, and facilities (e.g., interior works, equipment, house fixtures, etc.), business rights, and other intangible property to transfer KRW 1.1 billion (hereinafter “the first transfer contract”).
According to the instant transfer contract, Plaintiff A paid KRW 100 million as the down payment on the day of the contract, KRW 300 million as the intermediate payment on May 26, 2016, and KRW 690 million as of July 20, 2016.
Plaintiff
A paid KRW 100 million to the Defendant on the date of the first transfer contract, as down payment, and paid KRW 300 million to the Defendant on May 26, 2016 on the following day.
Plaintiff
A changed the trade name on June 2, 2016 to A, “stock company,” and added the consignment sale business of art works, ancient art works, etc. to the corporation’s intended business.
Plaintiff
A paid KRW 30 million to the Defendant on June 14, 2016, and the Defendant received it as part of the remainder under the instant transfer contract.
On the other hand, on July 20, 2016, Plaintiff A succeeded to the obligation of loans of KRW 45 billion to the secured debt of KRW 45 million in the registration of the establishment of a neighboring mortgage that the debtor, the creditor, the NongHyup Bank Co., Ltd., with respect to the instant real estate on July 20, 2016, instead of paying the remaining amount, and the Defendant drafted a receipt confirming that the Plaintiff received the said KRW 45 million from the Plaintiff as the balance
On the same day, Plaintiff A paid the remainder of KRW 250 million to the Defendant.
Plaintiff
A shall complete the payment of any balance under the first transfer contract as above.