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1. As to the Plaintiff KRW 43,995,012 and KRW 15,00,00 among them, Defendant A shall pay to the Plaintiff KRW 43,95,00,00.
Reasons
1. Facts of recognition;
A. On February 23, 2012, the Plaintiff entered into a credit transaction agreement with a small and medium enterprise financing loan agreement and lent KRW 100,000,000 to Defendant A, and on May 12, 2015, entered into a credit transaction agreement with a small and medium enterprise financing loan agreement and lent KRW 30,000,000.
B. Defendant A lost the benefit of each credit transaction agreement by failing to pay the principal and interest of the loan, and on September 1, 2015, the principal and interest of the loan unpaid as specified below.
Serial 43,95,00 won in total, 43,995,012 won in loans for small and medium enterprises 28,995,012 on July 28, 2015, 15,000 won in interest for overdue interest accrued from the date the loan was commenced.
C. On May 1, 199, Defendant A started the business as indicated in the attached list (hereinafter “instant business”) with the trade name of Suwon-si, the content of which is Vppppart pipes, materials, etc. folding business with the place of business in Suwon-si D, and the wholesale and retail business of construction materials.
On June 12, 2015, Defendant A transferred all of the instant goodwill to Defendant B.
At the time, Defendant A was paid KRW 11,000,000 from Defendant B as the transfer price.
If the instant goodwill is assessed in accordance with the method of Article 59(2) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act, the appraised value is KRW 1,727,649.
Defendant B changed the trade name to E on the date of acquiring the instant business, and commenced the business based on the existing business places acquired from Defendant A.
E. At the time of the transfer of the instant business by Defendant A, the financial situation of Defendant A 1), including KRW 43,95,012 as to the Plaintiff’s debt to the Plaintiff, KRW 701,250,00 as to the Credit Guarantee Fund, KRW 27,83,783 as to the obligation to the Plaintiff, KRW 11,292,788 as to the Hyundai Capital Co., Ltd., and KRW 271,40,00 as the collateral security debt amount of KRW 189,980,00 as the maximum debt amount of KRW 189,56,571 as the maximum debt amount of KRW 70,356,571 as the maximum debt amount of KRW 189,40,00 as the maximum debt amount of KRW 27,83,783 as to the Hyundai Capital Co., Ltd., Ltd.