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(영문) 광주지방법원 2020.08.11 2020가단3326

손해배상(기)

Text

1. The Defendants jointly pay to the Plaintiff KRW 7,460,714 and the interest rate thereon from August 12, 2020 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff and the defendants 1) The plaintiff and the defendants 1 are the representative director of the J Farming Association in relation to the business of raising fish.

(2) The creditors, including the Plaintiff and the Defendants, were unable to receive loans or contributions from the said debtors, and the said debtors were to make a provisional seizure or filing a lawsuit against the said debtors under the direction of Defendant E, and to transfer the claims against the said debtors formally to the Plaintiff, M and N for the convenience of filing a provisional seizure and filing a lawsuit.

3) Upon receipt of Defendant E’s request, on January 29, 2013, theO filed an application for provisional seizure of real estate under the name of the Plaintiff, M, and N with respect to the land of the Gyeonggi-si P, Gyeonggi-gun, and 16 parcels, other than the Plaintiff, M, and N, owned by the KFF under the name of the Plaintiff, M, and N. The said court rendered a provisional seizure order on February 1, 2013 (hereinafter “instant provisional seizure”).

(4) On the same day, the above court issued the order to file a suit on February 22, 2013 when KFF filed an application for the order to file a suit against the provisional seizure of this case with Suwon District Court 2013Kaga64.

On March 8, 2013, Defendant E’s request did not notify the Plaintiff on March 8, 2013, the Plaintiff filed a lawsuit demanding the payment of the loan claim against the said obligor in the name of the Plaintiff, M, and N (Seoul District Court 2013Gahap2179, hereinafter “instant claim seeking the payment of the loan claim”).

5) On April 8, 2013, K Farming Association shares 33,058/41,877, out of Qae-gun Qa-gun 41,877 square meters, part of the above provisional seizure real estate (hereinafter “instant real estate”).

AR (hereinafter referred to as “R”) in which M is a representative director under the name of M at the request of theO at the time.

In the future, March 28, 2013.