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(영문) 서울남부지방법원 2018.06.21 2017가단212211

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition C filed a lawsuit against D (hereinafter “D”) and E, the representative director of the said company, with the Incheon District Court 2010Kahap22480, and on October 6, 2011, the mediation was concluded that “the Defendant shall jointly and severally pay KRW 270,000,000 to the Plaintiff by January 31, 2012.”

(hereinafter “instant adjustment money”). F filed a lawsuit against D with Suwon District Court 2010Kahap24087 against D for the claim for the payment of guaranteed debt. On September 30, 2011, the said court issued a ruling of recommending settlement with the purport that “the Defendant shall pay KRW 180,000,000 to the Plaintiff by November 30, 201,” and the said ruling became final and conclusive as is without any objection by both parties.

(hereinafter “instant decision amount”). On June 11, 2013, C transferred the instant claim for the instant adjustment amount to the Plaintiff, and notified D and E of the transfer of the said claim on June 28, 2013.

F also transferred the instant claim to the Plaintiff on June 11, 2013, and notified the transfer of the instant claim to D on June 28, 2013.

On the other hand, on October 17, 2012, G and the Defendant transferred the claim for construction payment to H (hereinafter “Nonindicted Foundation”) to G and the Defendant, a foundation of the said company, and G and the Defendant filed a lawsuit against Nonparty Foundation as Seoul Southern District Court 2013Gahap3416 (hereinafter “relevant claim for acquisition payment”) and concluded an agreement between D and the Defendant and the Defendant on February 24, 2014, during which the said lawsuit was pending, as follows:

(hereinafter referred to as the “instant agreement”). On January 1, 2012, Seoul Central District Court 2012 Ma246, the judgment of the debtor non-party foundation and the transferee-party foundation of the case No. 2013Gahap3416 (the pertinent transferee-party lawsuit) was terminated, and the creditor’s “debtor” appears to be a clerical error.

When the repayment of claims confirmed in the rehabilitation plan is received after the rehabilitation procedures are approved, the defendant and G shall repay the claims out of the amount of claims transferred, respectively.