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1. Defendant B’s KRW 145,00,000 as well as 6% per annum from April 4, 2017 to August 22, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On April 3, 2017, the Plaintiff supplied Defendant B, who engages in wholesale and retail business, with goods, such as air conditioners and shock cases equivalent to KRW 245,00,000,000, out of the price of the said goods, and Defendant B did not pay the remainder of KRW 145,00,000 (=245,000,000 - 100,000,000) to the Plaintiff.
B. Around May 30, 2017, Defendant B entered into a contract with F Co., Ltd. (hereinafter “Nonindicted Company”) established on May 15, 2017 with the effect that the Nonindicted Company would acquire all assets and liabilities, including the instant marina facilities, goods, accounts attempted to receive credit, management expenses, etc. Around May 31, 2017, Defendant B reported the closure of the instant marina business.
On July 7, 2017, Nonparty Company: (a) drafted a letter of commitment to pay to the Plaintiff the amount of KRW 145,000,000 to the Plaintiff for the unpaid goods payment of Defendant B (Evidence B-1 of No. 3); and (b) drafted a letter of waiver of facilities (Evidence B-2 of No. 3) confirming that the Plaintiff had the right to all the facilities in the instant marina until the said obligation is repaid.
C. On July 31, 2017, Defendant B entered into a donation contract with Defendant C to donate each of the real estate listed in the separate sheet No. 1 attached hereto (hereinafter “instant real estate No. 1”) owned by Defendant B (hereinafter “instant donation contract”), and on August 2, 2017, pursuant to the instant donation contract, Defendant B completed the registration of ownership transfer under Defendant C’s name (hereinafter “the instant registration of ownership transfer”) as to the instant real estate No. 1 in accordance with the instant donation contract under Article 1 of the Cheongju District Court’s 22831.
In addition, between Defendant B and Defendant D, who is his own child on July 31, 2017, the respective real estate listed in the [Attachment B] List No. 2 owned by Defendant B (hereinafter “instant real estate No. 2”) is against Defendant D.