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(영문) 대전지방법원천안지원 2019.11.08 2019가합102362

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendants made an investment of KRW 2 billion in the construction and sale of an officetel building promoted by B on July 2, 2012 with F and G for 18 months, and B made an additional payment of KRW 2 billion in the investment profit to the Defendants. B) On behalf of the Defendants on July 2, 2012, in order to guarantee the return of the investment fund to the Defendants, Plaintiff A Co., Ltd (which is the representative director of the Plaintiff B; hereinafter “Plaintiff”) (which is the Plaintiff Company”); on June 25, 2012, the Defendants “Defendant C determined the due date for payment to the Plaintiff Company as of July 10, 2012, and lent KRW 2.8 billion to the Plaintiff Company, and if the Plaintiff Company did not repay the loan debt, the Plaintiff Company did not immediately object to compulsory execution, even if it did not object to the No. 281 of the No. 38 of the No. 201” (hereinafter “No. 381 of the No. notarial deed”).

B. B. Defendant C’s compulsory execution 1 based on the instant notarial deed was prepared and executed. Based on the original copy of the instant notarial deed, Defendant C was ordered to attach the claim amounting to KRW 2.87 million against the I Co., Ltd. (hereinafter “I”) according to the settlement agreement of July 9, 2008, with the Daejeon District Court Branch Branch of Daejeon District Court Decision 2012TTTT5384 on August 3, 2012, and the said attachment and assignment order was finalized around that time after being served on August 31, 2012.

(hereinafter “instant assignment order”). Defendant C received an order for payment of KRW 2.8 billion out of the above settlement amount from Seoul Central District Court 2013 tea 23248 as a whole creditor of the above settlement amount claim, and filed an application for payment order on April 11, 2013, stating that “the Plaintiff shall pay to the Defendant damages for delay calculated at the rate of KRW 2.8 billion per annum from April 24, 2013 to the date of full payment, and KRW 1,061,020 per annum from April 24, 2013,” and the Defendant C did not raise any objection.