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1. The Defendants jointly and severally liable to the Plaintiff KRW 5,524,022,609 and Defendant C limited liability company with respect thereto from April 9, 2018.
Reasons
1. Facts of recognition;
A. The parties’ relevant A Co., Ltd. (hereinafter “A”) are companies specialized in producing ethyl pipe cutting, processing parts assembling, etc. which were established on December 12, 1986 and used in the manufacture of automobiles, and supply parts to the Co., Ltd. and the KA and the KA.
B. On November 27, 2015, the monetary claim trust contract of the instant case No. 1 concluded a monetary claim trust contract with the purport that the first-class beneficiary of the Defendant C Limited Company (hereinafter “Defendant C”), the second-class beneficiary holding concurrent office as truster C, A and the trustee corporation I (hereinafter “I”), respectively, and used the money claim trust contract with the purport that A will entrust the trustee with the sales claim against the LA, the LAB, and the trustee (hereinafter “the monetary claim trust contract of this case”), and five billion won as driving funds.
C. On November 29, 2016, No. 1 of the instant monetary claim trust contract, etc. 1, 2016, the monetary claim trust contract, etc. 1) concluded a monetary claim trust contract with the purport of entrusting the trustee with the sales claim (a trust value of KRW 49,416,00,00) with the Defendant C, the truster, and the beneficiary of Class B, A, and the trustee, respectively, as I. (hereinafter “the instant monetary claim trust contract”).
(2) Accordingly, A notified the LA and the LA and the LA and the LAB have agreed to the above assignment of claims. (2) The Defendant C entered into a loan agreement with Defendant D Co., Ltd, E and F Co., Ltd. (hereinafter “Defendant D, etc.”) on November 29, 2016, in order to raise funds for the payment of the price designated as the Class I beneficiary under the trust agreement.
The amount of each lender's loan agreement under paragraph (1) of the loan agreement shall be as follows:
The ratio of participation in the loan agreement to the lender shall be 3 billion won, 30/6 billion won, 1 billion won, 10/6 billion won, F 2 billion won, 20/60 billion won, and 6 billion won.