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(영문) 부산지방법원동부지원 2017.11.30 2017가합102128

청구이의

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1. Compulsory execution against the Plaintiff by the Defendants based on the payment order (No. 2017 tea 5324) from the Busan District Court.

Reasons

Basic Facts

On August 22, 2016, the Defendants sold 22,500 shares out of 27,897 shares of Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) holding by the Defendants to the Plaintiff at KRW 800 million (hereinafter “instant share transaction”); from September 23, 2016 to November 22, 2016, the Defendants received KRW 250 million out of the share purchase price from the Plaintiff.

The Defendants filed against the Plaintiff for a payment order with the Busan District Court Branch Branch 2017Hu5324, “The Plaintiff shall pay 550 million won to the Defendants and 15% interest per annum from the day following the day when the original copy of the instant payment order was served to the day when the original copy of the instant payment order was repaid.” On March 8, 2017, the said court issued a payment order with the same content as the Defendants’ above purport of the instant application (hereinafter “instant payment order”). The instant payment order was served to the Plaintiff around that time.

On March 9, 2017, the Plaintiff deposited KRW 100 million out of the share purchase price to Defendant B’s account.

Based on the payment order of this case, the Defendants are entitled to the payment order of this case from KRW 550 million, which remains after partial repayment of the share purchase price of this case.

A request for seizure order against Non-Party Company’s shares 317,916 shares owned by the Plaintiff was made on April 10, 2017 by the lower court’s request on KRW 450,000,000, and damages for delay thereof KRW 3,328,767, and KRW 295,300,067, which were the total of KRW 450,000,000,000, which were additionally repaid, and KRW 453,624,067.

【In the absence of dispute, the grounds for recognition, Gap's 1 through 3, 5 through 7, Eul's 1 and 6, and the gist of the whole pleadings.