대여금
1. To modify the part concerning the claim for payment of money among the primary claims of the judgment of the court of first instance as follows.
(1) The defendant.
1. The summary of the case and the facts premised on the case
A. The summary of the case is that, based on Article 42(1) of the Commercial Act, the Plaintiff obtained a final and conclusive judgment in favor of the Defendant (Seoul High Court 2010Na101273) regarding the Plaintiff’s liability to pay KRW 200 million loan obligations to the Plaintiff, based on Article 42(1) of the Commercial Act against the Plaintiff, which the Plaintiff acquired the business operation of the golf driving range from the Plaintiff, (hereinafter “E”). C movables in the golf driving range are owned by D, and the Defendant asserted ownership of D, even if revenues in the golf driving range are reverted to D, the Plaintiff is not obliged to enforce compulsory execution based on the final and conclusive judgment. In fact, it is difficult for the Plaintiff to use the golf driving range while continuing to use the trade name by leasing the golf driving range, or to evade compulsory execution based on the Plaintiff’s final and conclusive judgment, and it is difficult for D and the Defendant to pay damages and delay damages on the ground that they constitute fraudulent act, such as management entrustment and lease agreement between D and the Defendant.
The judgment of the first instance rejected the part of the plaintiff's claim for confirmation of ownership among the main claims, and all of the plaintiff's remaining main claims and conjunctive claims were dismissed. The plaintiff's claim for monetary payment and conjunctive claims among the main claims of the judgment of the first instance.