Text
1. The Defendant’s KRW 43,601,48 for the Plaintiff and the Plaintiff’s 5% per annum from December 7, 2012 to May 13, 2015.
Reasons
1. On February 1, 2011, the Defendant accepted the freight vehicle upon C’s request.
(No. 2, No. 5, No. 7, and No. 9) C purchased D vehicles (hereinafter “instant vehicles”) from E after obtaining a loan of 68 million won from Arith Capital Co., Ltd. (hereinafter “Arith Capital”) in the name of the Defendant, and entered them into EM logistics (hereinafter “SM logistics”).
The installment to be loaned to Aju Capital and the IM distribution charge was borne by C.
(3, 5, 16-1) From August 201, C was unable to pay the installments and the rent to be loaned to the instant vehicle from around August 201, and Aju Capital applied for provisional attachment and executed the apartment owned by the Defendant.
Accordingly, on behalf of C, from March 2012 to June 2012, the Defendant: (a) paid 10630,000 won in installments from around March 2012 to June 2012, and (b) demanded C to return the said substitute payment; (c) selling the instant vehicle to a third party; and (d) changing the name of the land owner to another person; and (e) demanded C to deduct the name of the land owner owner.
(2) On October 4, 2012, the Plaintiff entered into a contract with C to purchase the instant vehicle at KRW 50 million (in addition to premium or brokerage fee, KRW 5 million).
(A) On October 5, 2012, the Plaintiff was granted a loan of KRW 68,965,00 from Aju Capital, as well as KRW 68,965,00.
(3) On the same day, the Plaintiff repaid the principal and interest amount of KRW 41,071,488 with respect to the instant vehicle in the name of the Defendant to Ariju Capital.
(A) On the same day, the Plaintiff transferred KRW 26,929,712 out of the amount loaned from Aju Capital to F in addition to the instant vehicle, on the same day.
(3), B, 16-1) Accordingly, the provisional attachment is effected on the apartment owned by the defendant.