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1. The Defendant: (a) from July 25, 2015, to Plaintiff A, KRW 28,994,857; and (b) KRW 8,698,457, and each of the above amounts.
Reasons
(b) the facts of the basis;
A. A. A around July 2014 with respect to D Co., Ltd. (hereinafter “Nonindicted Company”), Plaintiff A owned each loan claim of KRW 1 billion and Plaintiff B (the spouse of Plaintiff A) with the respective loan claim of KRW 300 million. The Defendant traded with Nonparty Company E with the trade name, and owned a reasonable amount of money.
B. On July 2014, Nonparty Company was faced with managerial difficulties, and the Plaintiffs and the Defendant sought recovery of each of the above claims. On July 3, 2014, the Defendant’s husband F and the Plaintiff, representing the Defendant, signed an agreement on the transfer of finished products (a evidence No. 3; hereinafter “instant transfer agreement”) between the Nonparty Company and the Non-Party Company under the name of joint representative of the Cooperation Enterprise Credit Group with respect to the Non-Party Company, and entered the said documents as “after the formation of the claim group, the said documents will be discarded.”
* The contents of the agreement in this case [D(Representative G) and the partner company's bond group(F.A.) agree as follows with respect to the transfer of finished products stored in the warehouse of a finished product. D shall agree to move all the inventory of finished products stored in the warehouse of the headquarters to a temporary warehouse (H in the presence of the partner company) in the presence of the representative of the partner company. (Date: July 3, 2014.) The representative of the partner company and the partner company shall enter into an agreement in the above contents, and all the liabilities and rights for the movement, storage, and delivery of warehouses shall be entrusted to the partner company's bond group]] The partner company has no dispute over some of the matters [applicable] [Article 1-1,2, A2, 3, evidence No. 7-1, evidence No. 10, evidence No. 12-1, and evidence No. 2, evidence No. 12-2, testimony of each witness, the purport of the whole pleadings as a whole.
2. The plaintiffs' assertion on the grounds of the claim
A. When the Defendant kept the goods delivered in a warehouse pursuant to the transfer agreement of this case, and disposed of them, half of the disposal amount shall be the ratio of each claim against the Plaintiffs [the amount of claim against the Plaintiffs/ (the amount of claim against the Plaintiffs).