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(영문) 대전지방법원 홍성지원 2018.05.30 2016가단7746

청구이의

Text

1. The Daejeon District Court’s red support for the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) (hereinafter “Defendant”) is liable for damages.

Reasons

1. On January 15, 2015, Hongsung Branch of Daejeon District Court 2015j13 - Date of payment order: The order content: C and D shall jointly and severally pay to the Defendant the amount of KRW 15 million per annum from January 6, 2015 to the delivery date of the authentic copy of payment order, and 20% per annum from the next day to the full payment date.

On January 29, 2015, Hongsung Branch of Daejeon District Court 2015 tea36 - Date of payment order: Order contents: C and D jointly and severally pay the defendant 15 million won per annum from January 16, 2015 to the delivery date of the original copy of payment order, and 20% per annum from the next day to the full payment date.

A. On January 2015, the Defendant applied for payment orders against C and D two times at the Daejeon District Court Hongsung Branch on two occasions, and received payment orders as follows. The above payment orders were all finalized.

However, as of the date of the closing of argument in this case, the Defendant received part of the claim from C and D after receiving the above payment order, and held the remaining claim amounting to KRW 10 million as of the date of the said order.

B. D Around June 20, 2015, performed a business takeover agreement between the Plaintiff and the Plaintiff (hereinafter “instant business takeover agreement”) with respect to the operation of the FE in its own name in Hongsung-gun E (hereinafter “FE”). Around June 20, 2015, D entered into a business takeover agreement with the Plaintiff (hereinafter “instant business takeover agreement”).

Accordingly, on June 20, 2015, the Plaintiff completed the business registration concerning Frant.

C. In collusion with D and C, the Defendant filed a lawsuit against the Plaintiff seeking payment of the amount of KRW 10 million per annum from the day following the delivery date of a copy of the complaint to the day of complete payment, by asserting that the Plaintiff committed a joint tort that makes it impossible for the Plaintiff to enforce compulsory execution against Frant, which was registered as a business operator under D’s name, thereby causing damage to the Defendant.