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1. The Plaintiff:
A. Defendant B and D limited liability companies jointly share KRW 360,173,287, and their related thereto from April 6, 2013 to October 2015.
Reasons
Facts of recognition
Defendant D Limited Liability Company (hereinafter referred to as “Defendant Company”) is a company that engages in the business of collecting claims, etc. under Article 304 of the Building E in Ansan-si. Defendant C is the representative (director) of the Defendant Company, and Defendant B is a person who was actually operating the Defendant Company by means of the Defendant C’s fraud.
The plaintiff is a person who has entered into a collection contract with C or B representing the defendant company.
Upon the conclusion of the collection contract of this case, the plaintiff can seek payment of the amount calculated at the rate of 5% per annum from June 10, 1995 to August 14, 2007, and 20% per annum from the next day to the date of full payment (Seoul High Court Decision 2006Na100310 decided August 14, 2007, and 200 won for G and 5% per annum from January 222, 2003 to July 22, 2005, and 5% per annum from the next day to the date of full payment (Seoul High Court Decision 2006Na10310 decided August 14, 207, 205). The plaintiff has a claim for payment of the amount calculated at the rate of 20% per annum from the next day to the date of full payment (Seoul High Court Decision 2005Da5365 decided May 16, 2005).
On May 3, 2011, the Plaintiff agreed to divide the amount of collection into 5:5 in delegation of the collection of the claims finalized by the judgment with the Defendant Company as above.
(B) At the time of the instant collection contract, the Defendant Company agreed to consult with the Plaintiff in advance when the principal and interest, damages, and other expenses of the claims delegated by the Plaintiff are reduced or exempted.
The Plaintiff transferred each claim against G and F to the Defendant Company on May 3, 2011 according to the instant collection contract, and notified F of the said transfer on February 28, 2012.
Defendant C and B received KRW 4,00,000 from G on February 6, 2012, the repayment of claims against G from Defendant C and B, and without prior consultation with the Plaintiff.