대여금
1. The plaintiff's primary claim that is changed in exchange in this court is dismissed.
2.The Court.
1. Basic facts
A. C and D transferred all business rights of the instant marina to G Co., Ltd. (hereinafter “G”) with the representative director around November, 2012 while operating the FM in Gwangjin-gu, Seoul. (hereinafter “instant marina”).
B. From January 2013, C and D agreed to pay a total of KRW 110 million for lease deposit and the amount of goods between the Plaintiff and the Plaintiff, a lessee of static C and D in the instant marina, and H (Defendant’s father) and G were jointly and severally guaranteed.
Accordingly, on January 30, 2013, the No. 30, “C and D borrowed KRW 110 million from the Plaintiff, and this was repaid in three installments until May 1, 2013, and G and H are jointly and severally guaranteed by the said borrowed debt” was drawn up a notarial deed of a monetary loan agreement (No. 110, 2013, by a notary public) stating that “C and D borrowed debt is jointly and severally guaranteed by the said borrowed debt.”
C. On February 18, 2013, the Plaintiff received a claim attachment and collection order (hereinafter “instant seizure and collection order”) from the Seoul Eastern District Court 2013TTTT2542 against G’s deposit claims and credit card payment claims based on the said notarial deed, and around that time, the said decision reached G.
As a result, G was unable to sell goods in the instant marina and receive the payment by credit card, the Defendant changed the name of the instant marina business operator from G to the Defendant in accordance with H’s direction on February 22, 2013, and changed the trade name from “FE” to “IE”.
E. As above, on the ground that the Defendant changed the name of the business entity and evaded compulsory execution by the Plaintiff, the Defendant was subject to a disposition of suspension of indictment on January 24, 2014, and H was sentenced to one year and imprisonment with prison labor for evasion of compulsory execution by the Seoul Central District Court on May 15, 2014.
[Reasons for Recognition] Facts without dispute, entry of Gap 1-5, Eul 3-10 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. The defendant alleged by the plaintiff.