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(영문) 서울중앙지방법원 2017.07.12 2016가단5238024

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against D against D applied for payment order as Seoul Central District Court 2010 tea64742, Jun. 15, 2010, the above court ordered D to pay the Plaintiff 19% per annum from January 10, 2008 to the delivery date of the original copy of the instant payment order, and 20% per annum from the next day to the full payment date. The above payment order was served to D on June 22, 2010, and became final and conclusive on July 7, 2010.

B. Claim 1 E against Defendant B is to repay the remainder by April 16, 2005 to Defendant B’s KRW 30 million from September 2, 2004, which was borrowed on September 2, 2004, up to April 20, 2005, up to May 31, 2005, up to KRW 20 million, up to May 31, 2005, up to July 31, 2005.

“The E’s spouse was prepared and awarded a loan certificate, and D (E’s spouse) jointly and severally guaranteed the above loan obligation against the Defendant B.

The loan certificate of this case is referred to as "the loan certificate of this case"

(2) Defendant B filed an application with the Seoul Central District Court for a payment order against E and D with the content of seeking payment of the said loan, and on April 14, 2015, the said court ordered payment order with the purport that “E and D shall jointly and severally pay KRW 100 million and damages for delay at the rate of 20% per annum from August 1, 2005 to the date of complete payment.” The said payment order was served to E and D on April 20, 2015, and became final and conclusive on May 5, 2015.

C. On March 29, 2005, Defendant A’s claim D against Defendant A issued a promissory note which became Seoul Special Metropolitan City on May 20, 2005, with respect to the said promissory note as a notary public Fhap Office No. 1705 on March 29, 2005 (hereinafter “instant promissory note”), the amount of 150,000,000 won in face value, A, the date of issuance, and the date of issuance, March 29, 2005, the date of payment, May 20, 2005, and the place of payment, and the said promissory note as a notary public Fhap Office No. 1705.

D With respect to claims, such as salaries, etc. against Jeollabuk-do, Defendant A based on the Notarial Deed of Promissory Notes of this case, on November 11, 2014.