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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the spouse of D who was the owner of a commercial vehicle registered in the name of C Co., Ltd. (hereinafter “C”).
B. On September 9, 2004, the Plaintiff lent KRW 20,000,00 to C with the due date set as November 31, 2004. Upon C’s decision of provisional seizure (this Court Decision 2006Kadan2857) regarding 9 vehicles for business use, such as E vehicles, to which C did not repay the above loan, and the provisional seizure registration was completed on May 12, 2006.
C. On December 1, 2006, the Defendant: (a) decided to accept C’s transport business licenses and vehicles on the condition that C pays the balance of the total assets of the company minus the total liabilities; (b) drafted a transfer/acquisition agreement on the transport business licenses (hereinafter “instant transfer/acquisition agreement”); and (c) drafted a separate automobile transfer certificate for C’s nine vehicles for business use owned by the land owner.
On the other hand, on March 7, 2007 and February 9, 2007, if the office is not secured by May 9, 2007 due to the failure of C to maintain the garage and the main office as of February 9, 2007, the two-owner market publicly announced the prior disposition that the license is revoked, and the disposition was revoked on July 2, 2007, and the registration of C business vehicle was revoked accordingly.
[Ground for Recognition] Facts without dispute, Gap 1 through 4 (including each number), Eul 2-1 to 3, Eul 3, and the purport of the whole pleadings
2. Since the defendant alleged by the plaintiff on December 1, 2006 prepared the transfer/acquisition contract of this case with C on December 1, 2006 and finished the completion of the authentication, he has taken over the debt of 20,000,000 won of the provisional attachment loan with C, the defendant is obligated to pay the above 20,000,000 won to the plaintiff.
3. Determination
A. Whether there was an agreement to assume the obligation, the Defendant’s obligation to the Plaintiff.