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Reasons
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(영문) 대구지방법원 2018.06.15 2017가단115306
대여금 반환 청구 등
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1. The Defendants jointly and severally share KRW 112,50,010 for Plaintiff A and KRW 23,650,000 for Plaintiff B and each of them.

Reasons

1. Chief;

A. Plaintiffs’ assertion 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) From March 18, 2012 to January 3, 2015, the Defendants lent KRW 310,50,010 to the Defendants, and upon receiving reimbursement of KRW 78,500,000 during the said period, Plaintiff B acquired the loan claim amounting to KRW 232,50,010. From January 18, 2015 to September 17, 2015, Plaintiff B lent KRW 48,650,000 to the Defendants and acquired the loan claim amounting to KRW 23,650,000 from the repayment of KRW 25,000 among them. (2) The Plaintiffs deposited claims against Defendant D bank in order to recover each of the above loans. The Plaintiffs deposited claims against the deposit claim amounting to KRW 232,50,000,000.

3) Although the Plaintiffs intended to file a lawsuit against the Defendants on the merits regarding the provisional seizure of claims, the Plaintiffs agreed to repay their obligations and agreed to the following agreement (hereinafter referred to as the instant agreement) around February 2016.

A) The Defendants received KRW 175,80,675, excluding the amount of the Plaintiffs’ provisional attachment claim 256,150,010, out of the amount of the above provisional attachment deposit, and ② the amount of the above provisional attachment claim is transferred to the Plaintiffs. ③ The Plaintiffs grant law firm F the right to receive the above transferred claim to the Plaintiffs. ④ The law firm F shall give priority to the payment of the amount received in advance to the Plaintiffs, and shall pay the remainder to the Defendants at their request, and shall be paid to the Defendants, and the rights to own the remaining amount (20,000,000,000 won) and the ship (20,000,000,000,000,0000,0000 won to the Plaintiff Company. ⑤ The Defendants jointly and severally perform their obligations with respect to the Plaintiffs. However, the Defendants shall have ownership of the above debt 156,150,010,000,000 won.

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