logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.26 2015가합532097
양수금
Text

1. The Defendant’s each of the Plaintiffs’ KRW 150,000,000, as well as 5% per annum from May 2, 2012 to October 12, 2015.

Reasons

1. Basic facts

A. D has been operated as the representative director of G Co., Ltd. (hereinafter “G”) with the business of trading heavy automobiles in the FF Motor Vehicle Trade Complex located in Seongdong-gu Seoul from around 2002 as the Defendant’s mother, and from around 2002, G was operated.

On November 2011, the defendant was in charge of the overall management of G funds and the overall management of sale and purchase business in combination with G.

B. Since December 17, 2007, D had registered and operated the automobile management business with respect to H, a corporation located in the said FF Motor Vehicle Trade Complex (hereinafter “H”).

C. On January 9, 2012, D borrowed KRW 300 million from our bank to raise business funds of G.

In order to secure the above loan obligations on the same day, I, the Defendant’s mother, set up a collateral security right, which is a debtor G, and a bank for the mortgagee, with respect to the amount of the maximum debt amount of KRW 360,000,000,000,000 and the amount of the debt amount of KRW 932,00,000.

On January 11, 2012, the Defendant filed a report on the transfer and acquisition of a motor vehicle management business with the purport that the Defendant was transferred from H (hereinafter referred to as the “instant commercial”) to H (hereinafter referred to as the “D”), the name of the Defendant, from the Defendant to K, and the name of L from H to L and the changed name of M from L (hereinafter referred to as “instant commercial”).

Accordingly, on January 17, 2012, the motor vehicle management business of this case was transferred to the defendant, and the registration certificate of the motor vehicle management business was issued to the defendant.

At the time, the Defendant changed the trade name of the instant company from H to L.

E. On February 2, 2012, N lent 300 million won at the interest rate of 3% per month, 39% per annum, and 1 May 2012 (hereinafter “instant loan”).

Plaintiffs, D, andO jointly and severally guaranteed the instant loan obligations against N on the same day.

I, in order to secure the debt of the instant loan on the same day, the maximum debt amount of J land shall be KRW 450 million.

arrow