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1. The Defendants jointly committed against the Plaintiff at KRW 21 (e.g., 9.9%) and the Defendants on June 8, 2017, respectively.
Reasons
Basic Facts
Defendant B operated a precious metal manufacturing plant under the trade name of Defendant B (the representative is the actual operator of Defendant B’s wife, or Defendant B; hereinafter “D”). The Plaintiff collected work clothes, etc. used for precious metal processing from D, and performed an analysis work that makes it a gold drum by refining gold dust, etc. being buried, and Defendant C is a person who operated a precious metal manufacturing plant with the trade name of “F” after purchasing factory facilities from D around February 2015.
On September 14, 2012, the Plaintiff lent KRW 200,00 (750g, 19.99%) to Defendant B without fixing the due date. On December 20, 2013, the Plaintiff lent KRW 30,000,000 in cash to Defendant B at a monthly interest rate (12% per annum) and on April 30, 2014.
Defendant C paid KRW 30,00,000 to the Plaintiff on May 6, 2015, including KRW 10,000,000, and KRW 20,000,00 on August 10, 2015.
[Reasons for Recognition] No dispute exists, the Plaintiff’s assertion by the Plaintiff as to the grounds for a claim as to Gap’s evidence Nos. 1 through 4, Eul’s evidence No. 1, and the grounds for a claim as a whole of the pleadings was offered to Defendant B a net amount of KRW 200,000 and KRW 30,000 in cash. Defendant C concurrently acquired D factory facilities, and Defendant C concurrently acquired all of the above liabilities.
(2) The Defendant C is jointly obligated to pay the Plaintiff KRW 200,000,000 in cash, on the ground that the Defendant paid KRW 30,000 to KRW 30,000 in cash and did not repay the net amount of KRW 200,000 in cash. As the Defendant C paid KRW 30,000 in cash and did not repay the amount of KRW 200,000 in cash, the Defendants are jointly obligated to pay the Plaintiff the amount of KRW 200.
When Defendant B’s assertion on February 2015, 2015 sold D factory facilities to Defendant C, the Plaintiff and the Defendants agreed to pay the net amount of KRW 200 and cash of KRW 30,00,000, and Defendant B was exempted from liability.
Defendant C’s assertion that the Defendant C was net money of KRW 200.