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(영문) 서울고등법원 2015.07.09 2014나2237

배당이의

Text

1.The judgment of the first instance shall be modified as follows:

Each entry in the list (attached Form) between the defendant and C.

Reasons

1. Basic facts

A. 1) D Co., Ltd. (hereinafter “Nonindicted Company”) shall establish a claim for the return of investment funds to C.

() If a company invests in a bond instrument with one or two-year maturity, it shall guarantee the principal and high-profit even at the time of termination, thereby making an investment agreement with the non-party company and making an investment. On May 201, Q, the president of the non-party company, was detained due to the suspicion of illegal receipt, etc., the said investment agreement was cancelled, and the claim for the return of the investment amounting to KRW 539,00,000 against the non-party company was made as the preserved right on October 25, 201 by taking into account the claim for the return of the investment amounting to KRW 539,00,000 as the preserved right. [Attachment] Real Estate listed in Paragraph (1) of the List of Real Estate (hereinafter “Building 1”).

A) On November 8, 2011, upon filing an application for provisional attachment with the above court for provisional attachment, it completed execution on November 9, 201 after receiving the provisional attachment order from the above court. 2) D on January 8, 2013, transferred to the Plaintiff the claim to refund the investment amount of KRW 539,000,000 to the non-party company, and notified the non-party company of the assignment of the above claim on February 6, 2013, and the above notification reached the non-party company around that time.

3) On January 24, 2013, the Plaintiff filed an order to pay KRW 539,00,000 with the Seoul Central District Court (Seoul Central District Court Decision 2013Da6621) to the non-party company for the payment of KRW 539,00,000. The Plaintiff received an order to pay from the above court to the effect that “the non-party company shall pay to the Plaintiff KRW 539,00,000 and the amount equivalent to 20% per annum from May 10, 2013 to the day of full payment.” The above payment order became final and conclusive on May 24, 2013. (2) The non-party company entered into a contract with the Defendant for establishing a collateral security contract with the non-party company with the content that “the non-party company shall pay KRW 539,00,000 to the Plaintiff with the maximum debt amount of KRW 1,000,000 as the debtor (hereinafter “the instant real property”).