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1. The Plaintiff (Counterclaim Defendant)’s main claim against Defendant A and Defendant B, and the Defendant (Counterclaim Plaintiff)’s main claim.
Reasons
1. Basic facts
A. On December 9, 2009, the Plaintiff filed a claim suit against Defendant A, including the deposit contract amount, etc. with the Seoul Central District Court 2009Gahap75616, and was sentenced by the above court on April 22, 2006 to the judgment that “Defendant A shall pay to the Plaintiff the amount of KRW 130,054,794, and KRW 130,000,000 per annum from April 22, 2006 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive.
B. Around December 17, 2015, Defendant A leased KRW 201 through 204 from G to KRW 100,000,00 the second floor of the building located in Bupyeong-gu, Seocheon-gu, Seoul, and Defendant A operated the D Hospital with the permission to establish a medical institution on December 31, 2005, after opening the D Hospital, which is a medical institution, on December 28, 2015.
C. On March 4, 2016, the Plaintiff and Defendant A agreed to fully repay KRW 80,000,000 from Defendant A in installments for 16 months from March 25, 2016 (five million won per each month) with respect to the Plaintiff’s claim against Defendant A based on the instant preceding judgment (hereinafter “instant modified agreement”). The Plaintiff and Defendant A agreed to exempt Defendant A from full payment (hereinafter “instant modified agreement”).
The Plaintiff, based on the prior judgment of the Seoul Central District Court 2016TTT 6506, filed an application for a seizure and collection order with the Seoul Central District Court 2016TT 6500 won (hereinafter “instant collection order”) regarding the claim against Defendant A, the amount of which was KRW 448,753,000, and received a seizure and collection order from the above court on April 22, 2016 (hereinafter “instant collection order”).
E. On May 18, 2016, Defendant A entered into a joint agreement with Defendant B to jointly operate the hospital and to distribute the profits to Defendant A (Defendant A): 1 (Defendant B).
F. Under the above joint business agreement, Defendant A transferred Defendant B and D Hospital to Defendant A and B on May 19, 2016.