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(영문) 의정부지방법원 2019.08.09 2018가단124423
구상금
Text

1. Defendant B Co., Ltd.:

(a) 11,774,900 won and its related amount shall be from June 20, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures industrial lux oil and additives, manufactures electric lamps and lighting fixtures and wholesale and retail business, etc. The Defendant Company B (hereinafter “Defendant Company”) is a company that engages in electrical appliances and wholesale and retail business. The Defendant Company C is the husband of the Defendant Company C as the husband of the inside director D.

B. Around October 31, 2017, while engaging in the club business as to the manufacturing of lighting fixtures, the Plaintiff and the Defendant Company terminated the above club business agreement and the manufacturing business of lighting fixtures prepared an agreement on the transfer of obligations (i.e., the evidence A; hereinafter referred to as the “instant agreement”) with the Defendant Company that the Defendant Company will accept for the manufacturing of lighting fixtures, including all technologies necessary for the manufacturing of lighting fixtures, the right to use certification (KC) certification, materials, and trading lines, etc. until the time when the Defendant Company possessed the lighting fixtures instead of the Defendant Company, for the manufacturing of lighting fixtures, approximately KRW 394,582,661 (hereinafter referred to as the “instant obligation”).

C. The upper part of the instant arrangement states that “A agrees to transfer to B and take over the unpaid obligations of both the purchasing and selling parties (main)E and 21 companies,” and the Plaintiff’s name and address, company name and representative are stated in the column of “(A) obligor” at the lower part, and the Plaintiff’s official seal is affixed thereto. The “person bearing the obligation” column is indicated in the name of the Defendant Company and the name of the company, the name of the company, and the representative, and the name and personal seal of the Defendant C are affixed on the name of the representative, and the Defendant Company’s official seal is affixed thereto.

After the formation of the instant agreement, the Plaintiff, along with the obligees, made a three-party agreement on the assumption of obligation to the Defendants, but rejected the agreement, and accordingly, the Plaintiff’s debt repaid on behalf of the Defendant out of the instant debt.

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