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(영문) 서울서부지방법원 2019.08.22 2018가단228335

양수금

Text

1. The Defendants jointly pay to the Plaintiff KRW 148,737,594 and the interest rate thereon from October 16, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the purchase of non-performing loans and the asset management business, applied for a payment order against D with the Gwangju District Court 2014Guj19656, Jan. 5, 2015, the Plaintiff received a payment order stating that “D shall pay to the Plaintiff the amount of KRW 148,737,594 and the amount calculated by the rate of 5% per annum from June 15, 2013 to January 22, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on February 6, 2015.

B. D from February 24, 2006, from Kimpo-si, Kimpo-si (hereinafter “instant place of business”) operated the press machine sales business with the trade name “B”.

D On November 24, 2010, the head office invested 100% of the capital and established FF and took office as the representative director. At the time of establishment of the head office Kimpo-si, the head office was integrated of electricity, electronic parts manufacturing business, sound equipment manufacturing and sales, electricity, electronic parts export business, electricity, electronic equipment and facilities business, and its ancillary business, and the inside director I, J, and Audit K (D) as well as D as the registration officer.

C. Meanwhile, D entered into a credit guarantee agreement with L on October 13, 2008 and September 21, 2009, and obtained a loan from M&A as collateral under the credit guarantee agreement. From October 26, 2011 to September 21, 2009, the loan interest rate under the credit guarantee agreement between September 21, 2009 and the loan interest rate under the credit guarantee agreement between November 19, 201 and October 13, 2008 respectively, the credit guarantee accident occurred on November 28, 201.

D On November 23, 201, no later than five days before the date of the above credit guarantee accident, the trade name of F Co., Ltd. was changed to Defendant B Co., Ltd. (hereinafter referred to as “Co., Ltd.”) and the head office is changed to the place of business of this case. In lieu of eliminating electricity and electronic equipment export business among the purposes, it manufactures, sells, and exports industrial machinery similar to the business objectives of the above “B”.