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(영문) 부산고등법원 2019.09.04 2019나51782

배당이의

Text

1. The plaintiff's appeal is all dismissed.

2. All the conjunctive claims of the Plaintiff, added at the trial.

Reasons

1. Basic facts

A. 1) The Defendants, from August 2006 to June 2010, borrowed a loan amount of KRW 48.4 billion to L Co., Ltd.: (a) KRW 6.4 billion; (b) KRW 3.4 billion; (c) Defendant Co., Ltd.; (d) KRW 3.44 billion; (e) Defendant Co., Ltd.; (e) KRW 5.6 billion; (e) Defendant E Co., Ltd.; (e) KRW 8 billion; (f) KRW 6 billion; (f) Defendant Co., Ltd.; (f) KRW 6 billion; (f) KRW 6 billion; (c) Defendant I Co., Ltd.; and (d) Defendant J1.4 billion; and (e) Plaintiff Co., Ltd. (hereinafter referred to as “M”).

(2) From March 2003, M entered into an entrustment contract for the said urban development project with the U.S. National Development Project Association established to promote an urban development project of U.S. N. N. in Ulsan-gun (hereinafter “O.”). On July 22, 2011, the Defendants, as the joint and several surety creditors of M, exercised their right to claim against the O.M in subrogation of M, as “M’s claim for compensation for losses or claim for unjust enrichment,” and received a provisional attachment order regarding “the right to use and benefit from the land allotted in recompense for development outlay land within the urban development project district of the O.S. District (U.S. District Court 201Ka534, hereinafter “provisional attachment”) and the provisional attachment order was served on the O.S. association on July 26, 2011.

3) In order to revoke the execution of provisional attachment on April 27, 2012, the Association deposited KRW 13,353,544,186 of the deposit amount in Ulsan District Court deposit with the deposit officer of the Ulsan District Court (Ulsan District Court No. 1771, 2012; hereinafter referred to as the “O association’s right to claim the recovery of the deposit amount”.

(B) Accordingly, on April 30, 2012, upon revocation of the execution of provisional attachment No. 1 on April 30, 2012 (Ulsan District Court 2012Kao409). B. The Defendants’ title of enforcement, the seizure and the collection order, etc. of the Defendants (1) are subject to provisional attachment on June 29, 201.