(영문) 수원지방법원 2014.11.20 2014나8216 | 리걸엔진

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(영문) 수원지방법원 2014.11.20 2014나8216

청구이의

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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, those concerning the following payment orders:

Reasons

1. Basic facts

A. C Co., Ltd. operating a specialized construction business (hereinafter “Nonindicted Co., Ltd.”) had difficulties in business around 2008. However, it led to the provisional attachment of the claims for construction price and patent rights of Nonparty Co., Ltd. against Nonparty Co., Ltd., a customer of Nonparty Co., Ltd., which received KRW 117,62,000 from Nonparty Co., Ltd., and subsequently completed provisional attachment on Non-Party Co., Ltd’s claim for government-funded construction cost or patent right for Non-Party Co., Ltd., the Busan Regional Land Management Office, and Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) around August 208.

B. D, which practically operated the non-party company, was difficult to proceed with the project ordered by the provisional seizure (in particular, the provisional seizure of the CBG industry), established a plan to cancel the execution of the provisional seizure through the deposit at sea, and introduced the Plaintiff, who is a public official of Sungnam-si, who was known to the Bupyeong-si, to lend the deposit at sea, to the Plaintiff.

On June 2008, the Plaintiff introduced E, a substantial business owner and director, the Defendant.

1. (i) The Defendant shall lend KRW 100 million to the non-party company as security a deposit certificate for the cancellation of provisional seizure execution by the non-party company.

B. If the non-party company, after having repaid the full amount of the deposit money to the defendant, requests the loan to the non-party company due to the shortage of operating funds and material purchase expenses, etc., the defendant will provide the non-party company with the deposit money for three months as security.

【Non-Party Company shall pay 2.5% of the interest on loans owed to the Defendant, and the initial date of the interest shall be the date of the payment of the deposit at sea.

2. (i) The non-party company transfers 40% of the shares of the non-party company to the Defendant, and 20% of the shares shall be transferred to the Plaintiff.

The Plaintiff.

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