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(영문) 제주지방법원 2016.08.04 2015가단55112

배당이의

Text

1. The Defendant’s KRW 4,585,696 as well as the Plaintiff’s annual rate from October 30, 2015 to August 4, 2016, and the following.

Reasons

The relationship C between the parties of the basic facts is the president of the medical corporation E in Jeju, around 2007, and C's AF (the death on February 15, 2014) is a person who was responsible for the overall operation of the hospital as the actual owner of the medical corporation.

The defendant as the wife of F F's birth G, is a person who obtained a pharmacist's license and operated a pharmacy at a hospital operated by C and F.

The plaintiff is the father of H who served as an accounting at the above hospital.

Since June 2004, the Defendant had the Defendant operate the pharmacy without paying rent, etc. on the first floor of the above building since June 2004, when the Defendant operated the construction company, after being awarded a contract for the construction of the hospital building on the first floor of the Jeju city, but the construction cost was not fully paid.

From October 2009, the defendant moved from around October 2009 to the building of which registration of ownership preservation has been completed in the name of his father and wife, and entered into a lease contract with H and operated the pharmacy.

During the process of the Plaintiff’s lending of money and distribution procedures, the Plaintiff loaned KRW 15,00,000 to F; (1) on July 24, 2008, the due date set as July 24, 2009; (2) on November 14, 201, the due date set as January 31, 201; and (3) on January 21, 2013, the due date set as April 20, the amount of repayment was KRW 10,000,000 to E; and (2) on September 12, 2009, the period of repayment was set as KRW 10,000 to E to a medical corporation jointly and severally guaranteed by F; and (3) on September 20, 2008, the Plaintiff loaned KRW 10,000,000 to E as September 12, 209.

The Plaintiff filed a lawsuit against C (the F’s heir, J, K, L, M, N, and mother P reported the renunciation of inheritance on May 16, 2014. On June 17, 2014, the said court accepted it and filed a lawsuit seeking payment of the said loan with the Jeju District Court 2014Gahap2972, and the said court rendered a judgment that fully accepted the Plaintiff’s claim on July 23, 2015.

The above judgment became final and conclusive on September 10, 2015.

The plaintiff is based on the executory exemplification of the above judgment and the PP distribution procedure.