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1. The Defendant (Counterclaim Plaintiff) paid KRW 200,187,920 to the Plaintiff (Counterclaim Defendant) and its related amount from March 15, 2013 to September 22, 2016.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Facts of recognition;
A. The Defendant’s relationship 1) is a company that engages in the purchase and sale of alcoholic beverages. The Defendant, from around September 13, 199 to around February 17, 2009, was in office as a representative director, and C and D were in office as a joint representative director from around February 17, 2009. On October 27, 201, C were retired from the joint representative director, and D was in office as the representative director solely from around June 11, 2013 after C was retired from the joint representative director. 2) The Plaintiff is the owner of the Daegu Sungsung-gu E apartment 113 Dong 1003 (hereinafter “instant apartment”).
B. The Plaintiff’s subrogation against the Hartjin-ro Co., Ltd. (hereinafter “Haart-ro”) was made on May 10, 2012 in order to secure the Defendant’s sole representative director, the Plaintiff, as indicated in the table below, completed the establishment registration of a neighboring apartment as to the instant apartment in order to secure the Defendant’s obligation for the purchase of goods to be borne by the Defendant to the customer during the period in which C, who is the husband, was employed as the Defendant’s sole representative director. After all, the establishment registration of a neighboring apartment was transferred to the Hart-ro on May 10, 2012 in order to secure the Defendant’s obligation for the purchase of goods to the Hart-jin-ro (hereinafter “the establishment registration
(2) On March 4, 2013, the Plaintiff filed an application for a voluntary auction of the instant apartment on the basis of the foregoing collective security on August 12, 2012, 202, for the sale of the instant apartment from the auction procedure to the sale of the instant apartment on April 24, 2004, No. 21247, No. 116,300,000, No. 64958, Dec. 22, 2004, No. 30958, No. 30,000, No. 3000,000, No. 1200, No. 2000, Mar. 20, 2012; however, on March 4, 2013, the Plaintiff sold the instant apartment from the sale of the instant apartment to the sale price of the Defendant’s goods to the buyer on March 14, 2013.