추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 9, 2011, Mcen Entertainment Korea (hereinafter “Macen Korea”) transferred KRW 1.3 billion out of the claims related to the distribution contract of the film “E” that Defendant B (hereinafter “Defendant B”) possessed by Mcen Entertainment to D (hereinafter “D”) and notified D of the transfer.
B. On July 14, 2011, upon filing a lawsuit seeking revocation of the said assignment of claims by another creditor of the Loen Entertainment filed a lawsuit seeking revocation of the said assignment of claims, and the decision of provisional disposition prohibiting disposal, including the disposal and collection of the said settlement of claims, the Defendant B, D MN Entertainment agreed on July 14, 201 with respect to the payment of the above settlement of claims:
5. The “A” (referring to the Human Entertainment) and “A” (referring to the Defendant B) determine the amount of civil or criminal damage amount, which may be caused by the said settlement amount prior to the payment of settlement amount, from the creditors of “A”, as the daily amount of KRW 500,000,00,000, which may be caused by “B” (referring to D). The said amount shall be provided to “B” with a notarized bill via a notarial office equivalent to that amount.
At this time, the representative director of the “sick” is jointly and severally guaranteed for the notarized bill.
Provided, That the foregoing notarized bill may be exercised within the extent of the amount of actual damage when the damage occurred.
C. On July 14, 2011, Defendant B and its representative director: (a) issued promissory notes with their joint issuers and addressees D with face value of KRW 500 million; (b) on the same day, an authentic deed of promissory notes with the intent of recognizing the compulsory execution of the said promissory notes from the F Notaries Joint Office under No. 192, a document of 201, which was signed from the F Notaries Joint Office.
(hereinafter referred to as “this case’s Promissory Notes”). D.
D on July 14, 2011, sent KRW 1,098,574,199 to Defendant B.