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(영문) 의정부지방법원 2010.03.25 2009나10851

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.


1. The facts under the basis of facts are either in dispute between the parties or in dispute between Gap and Eul, and evidence Nos. 1 to 4, 12, Eul and testimony No. 1 to 3, and evidence No. 1 to F of the first instance trial witness F, and there are no counter-proofs otherwise.

The Plaintiff is the wife of D, who was the owner of the J-business vehicle registered in the name of C Co., Ltd. (hereinafter referred to as “C”).

B. C on September 9, 2004, borrowed KRW 20,000,00 from the Plaintiff as of November 30, 2004.

(A) The “1 November 31” of the evidence No. 2 appears to be a clerical error in the “10th day of November.” (hereinafter “the borrowed money of this case”).

C In the event that C did not repay the borrowed amount of this case, the Plaintiff received a provisional attachment decision with the court 2006Kadan2857 with respect to 9 commercial vehicles, such as E in the name of C, and completed the provisional attachment registration according to the provisional attachment decision on May 12, 2006 on May 12, 2006.

Around November 2006, when Defendant Company came to know that its liabilities were excessive to KRW 200 million compared to C’s asset value when it acquired management rights, it renounced its acquisition rights. On December 1, 2006, the Defendant Company prepared a transportation business transfer agreement (hereinafter “instant transfer agreement”) under the condition that C would acquire a transportation business license under the condition that C would pay the balance remaining after deducting total liabilities from total assets of the said company from total assets of the said company, and prepared a separate certificate of automobile transfer with the content that 10 vehicles for business use in the name of C will be transferred from C.

E. On March 7, 2007, the two weeks market publicly announced the prior disposition that "if the office is not secured by May 9, 2007 due to the failure of C to maintain the garage and the main office as of February 9, 2007 to maintain it, if the office is not secured by May 9, 2007 due to the violation of the criteria for registration under the Passenger Transport Service Act, the registration of chartered bus business shall be revoked," and on May 25, 2007, the hearing procedure shall be publicly announced and then the hearing procedure shall be announced.