양수금
1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 296,906,855 and the period from May 1, 2014 to January 13, 2017.
1. Facts of recognition;
A. The Plaintiff is a juristic person established for the purpose of liquor wholesale business, etc., and the Defendant Limited Company B (hereinafter “Defendant Company”) is a juristic person established for the purpose of alcoholic beverage sales business, etc., and the Defendant C is the representative director of the Defendant Company, Defendant D and E are the employees of the Defendant Company.
B. Defendant C, D, and E (hereinafter “Defendant C, etc.”) decided to establish the Defendant Company by withdrawing from the Plaintiff Company on December 2013, to be a person who originally worked for the Plaintiff Company as a business employee, and the Defendant C, etc. was to be transferred to the customer of the Plaintiff Company managed by the Defendant C, etc.
C. As of January 3, 2014, the Plaintiff and the Defendants arranged the amount of sales claim against the customer to be transferred to the Defendants as total of KRW 1,022,943,710.
(However, short-term loans to customers are separate).
On January 6, 2014, the Defendants paid KRW 500 million to the Plaintiff as a bill of exchange.
E. On January 10, 2014, the Plaintiff and the Defendant Company entered into a bond transfer contract (hereinafter “instant transfer contract”) and Defendant C, etc. jointly and severally guaranteed the Defendant Company’s obligations under the instant transfer contract. The key contents of the instant transfer contract are as follows.
- The bond transfer and takeover contract (Evidence A 2) - The certificate of credit to be transferred and taken over - The amount of credit of the transferor: the last amount shall be settled later by the document attached to 872,138,443, and the amount increased or decreased shall be corrected immediately between them.
All powers are vested in the transferor before the amount of transfer is paid.
Total amount to be transferred by transfer for the last time under Article 4 (Methods of Payment) of the finalized on January 14, 2014 shall be determined by January 14, 2014 after mutual agreement.
Defendant C, etc. promises to provide a joint and several surety for the above amount individually and provide the transferor with a certificate of personal seal impression, etc.
F. On January 27, 2014, the Defendants paid KRW 500 million to the Plaintiff as a bill of exchange.
[Grounds for recognition] Unsatisfy, A No. 1.