beta
Text
1. It is confirmed that there is no lien of Defendant C Co., Ltd with respect to the ships listed in the attached Form;
2. The plaintiff.
Reasons
1. Facts of recognition;
A. Defendant B, under the trade name of “C” on April 1, 1982, engaged in the manufacture and repair of vessels, and established Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) on April 10, 2012, and assumed office as the representative director of the Defendant Co., Ltd.
B. Around May 8, 2012, Defendant B resigned from the office of representative director of the Defendant Company, and Defendant B’s son was appointed by Defendant B at the representative director of the Defendant Company and is working as the representative director of the Defendant Company until now.
D On May 8, 2012, he/she was appointed as the representative director of the Defendant Company, but retired on April 10, 2015. On June 12, 2015, he/she was appointed as the representative director of the Defendant Company again on June 12, 2015, but retired on June 12, 2018.
Defendant B has been actually operating the Defendant Company together with his own children D until now.
C. On March 25, 2016, the Defendant Company requested the repair of a ship listed in the separate sheet (hereinafter “instant ship”) owned by E from E (hereinafter “E”) and entered into a vessel repair contract (hereinafter “instant repair contract”) with E as KRW 422,763,00 (including value-added tax) and completed the repair of the instant ship around August 2016.
On August 9, 2016, Defendant B prepared a notarial deed (hereinafter “instant notarial deed”) with respect to the repair cost of the instant vessel with F Co., Ltd., a joint and several surety of E and E (hereinafter “F”), as follows:
On the other hand, Defendant B and F made a special agreement that, if an electronic bill issued by F to Defendant B is settled normally on the same day, Defendant B would have only claim amounting to KRW 100 million out of the repair cost stated in the instant notarial deed.
Article 1 E and F of the notarial Deed of Debt Repayment (Quasi-Loan for Consumption) Contract to Defendant B on August 9, 2016.