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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 600,000,000 and the interest thereon from February 8, 2013 to the date of full payment.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into an asset acquisition agreement on May 2, 2008, and Defendant B Co., Ltd. (hereinafter “B”).
B) As between Changwon-si, the Plaintiff owned, C. 6861.2m2m2 and its ground factory building (hereinafter “each of the instant real estate”).
(2) The Plaintiff’s business takeover agreement on the transfer of all of the Plaintiff’s business rights related to the production facilities, raw and secondary materials, and the above assets to Defendant B of KRW 11.5 billion (hereinafter “instant business takeover agreement”).
(2) On the other hand, at the time, the Plaintiff was liable for the debt amounting to KRW 8.16 billion to Gyeongnam Bank and KRW 1.6 billion (hereinafter referred to as “instant loan”), and each of the above real estates was set up as security for the said debt amount, and as security for the maximum debt amount of KRW 10.6 billion to Gyeongnam Bank, the maximum debt amount of KRW 2.88 billion to Gyeongnam Bank was set respectively, but Defendant B agreed to acquire KRW 9.76 billion from the Plaintiff in lieu of paying the acquisition price, upon entering into the said business takeover agreement.
B. Defendant B’s default, etc. (i) upon the transfer of the ownership of each of the instant real estate from the Plaintiff on November 30, 2009 and did not take over the instant loan obligation until December 2010. As a result, the Plaintiff, a debtor of the said loan, paid the interest on the said loan on behalf of Defendant B in order to avoid any disadvantage due to overdue interest. (ii) After December 21, 2010, Defendant B paid to the Plaintiff KRW 1.38 billion out of the interest on the instant loan that the Plaintiff paid to the Plaintiff on behalf of the Defendant, the amount of KRW 1.18 billion out of the interest on the instant loan that the Plaintiff paid to the Defendant, shall be paid to the Plaintiff on the same day, and the remainder of KRW 1.18 million (hereinafter “the instant contract amount”) shall be paid by January 27, 201, and each of the above loans under the name of the Plaintiff “B” from March 30, 2011.