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1. The Daejeon District Court prepared on October 17, 2018 with respect to the auction of vessels C or D (Dual) by the said court.
Reasons
1. Basic facts
A. On April 10, 2012, the Defendant established E Co., Ltd. (hereinafter “E”) in the name of E, while engaging in the business of manufacturing and repairing ships.
Around May 8, 2012, the defendant resigned from E's office, and most of the defendant's children are working as E's representative director after the defendant resigned from office.
B. On March 25, 2016, E entered into a vessel repair contract (hereinafter “instant vessel repair contract”) with the repair cost of KRW 422,763,00 (including value-added tax) with respect to the vessel listed in the attached list (hereinafter “instant vessel”). On August 2016, E completed the repair of the instant vessel and received KRW 195,085,000 out of the repair cost.
On August 9, 2016, Article 1 (Quasi-Loan G) of the notarial Deed of Contract for Debt Repayment (Quasi-Loan for Consumption) and Article 1 (Co., Ltd. H) of the notarial Deed of Contract for Debt Repayment (Quasi-Loan for Consumption) recognize the creditor B as the balance of the J's Ship Repair Price in the amount of KRW 00 million,00,000,000, and offered and accepted the payment in accordance with the following provisions
Article 2 (Period and Method of Payment) The payment shall be made on August 31, 2016; the payment shall be made on September 30, 2016; the payment shall be made on September 31, 2016; and the payment shall be made on October 31, 2016.
Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 25% per annum to the delayed amount.
Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.
C. On August 9, 2016, E decided to transfer to the Defendant the claim of KRW 147,00,000 out of the unpaid amount of KRW 227,678,000 between Company G, and the Defendant, the assignee of the claim, the obligor Company G, and the Joint and Several Liability Company H, a notary public I office deed No. 347 of 2016, as follows.