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1. The sales contract concluded on July 21, 2016 between the Defendant and C is KRW 35,747,080.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1 against C) lent the business funds to E running the main points of “D” on September 2014 and March 2015. The Plaintiff supplied alcoholic beverages until October 2015. Around that time, the loan that was not repaid was KRW 74 million and the liquor amount was KRW 12,641,456 (total amount of KRW 86,641,456). However, around November 2015, E transferred the business of “D” to C, who is its mother.
As seen thereafter, the Defendant asserts that C merely lent the name to E and did not take over the business, unlike the final judgment, but the testimony of the witness C is insufficient to reverse the recognition.
In addition, the defendant asserts that C had known that C did not accept E's debt, but in light of the fact that C's business takeover after C's business takeover, the evidence submitted alone is insufficient to recognize it.
3) On October 31, 2017, the Plaintiff filed a lawsuit against E and C seeking the payment of the above loans and liquor bills by asserting that C also should be liable pursuant to Article 42(1) of the Commercial Act, and received a favorable judgment against the Plaintiff on October 31, 2017, that “E and C jointly pay to the Plaintiff the amounting to KRW 86,641,456, and any delay delay damages therefor,” which became final and conclusive (Seoul East East District Court 2016Da135611). (b) C’s disposal disposition 1) on July 21, 2016, C completed the registration of ownership transfer on the ground of the sale of the instant apartment on the same day (hereinafter “the instant sale”).
2) At the time of the instant purchase and sale, the market price of the instant apartment was KRW 125 million. As to the instant apartment, the establishment registration was completed near the maximum debt amount of KRW 42 million in the F. 3) Meanwhile, the Defendant, on December 27, 2017, at the time of the instant purchase and sale, to G Co., Ltd., the maximum debt amount of KRW 60 million.