beta
(영문) 서울중앙지방법원 2014.07.18 2013가단230697

공탁

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On October 4, 2006, Plaintiff A received a promissory note with a face value of KRW 350 million,00,000,000 from G issued by G, and the same day was notarized by Nonparty F, who received a promissory note with a face value of KRW 350,000,000,000,000,000,000 from G. (2) On June 21, 2012, Plaintiff B prepared a monetary loan contract for lending KRW 350,00,000,000,000,000,000 from G and notarized.

3) On July 20, 2010, Plaintiff C received a payment order to the effect that “G shall pay KRW 600 million to Plaintiff C and delay damages therefor.” The payment order became final and conclusive on September 25, 2010, Plaintiff D received from Suwon District Court on October 28, 2011, payment order to the effect that “G and H shall jointly pay KRW 15 million to Plaintiff D and its delay damages.” The said payment order became final and conclusive on November 22, 2011.

5) From the Gyeyang Branch of Suwon District Court on January 19, 2012, Plaintiff E received a payment order to the effect that “G shall pay Plaintiff E the amount of KRW 50 million and delay damages therefor,” and the said payment order was finalized on March 7, 2012. (b) G filed a lawsuit against Plaintiff B, Seoul Southern District Court 2008Gadan61909, and the said court received a settlement recommendation to the effect that “I and J shall jointly and severally pay KRW 52 million and the amount of KRW 24% per annum from March 1, 2007 to the date of full payment.”

2) According to the above final settlement recommendation decision, G applied for a compulsory auction on the real estate owned by G to the Seoul Southern District Court, and on December 28, 2009, the dividends claim claim amounting to be distributed to K by the Seoul Southern District Court on Seoul Southern District Court (hereinafter “instant dividends claim”).

B transferred to the Plaintiff B, and the Defendant on December 28, 2009.