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(영문) 서울동부지방법원 2015.10.02 2014가합110455
전부금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

Facts of recognition

On June 11, 2009, the Plaintiff filed an application with the Seoul Central District Court (2009Da63767) for a payment order seeking a loan against D (hereinafter “D”).

On July 16, 2009, the Plaintiff received a payment order from the above court that “D shall pay to the Plaintiff KRW 180,000,000 and damages for delay from November 21, 2008.”

The above payment order was finalized on August 7, 2009.

(hereinafter “instant payment order”). On October 29, 2010, the Plaintiff received the attachment and assignment order with respect to “the money from the Incheon District Court (2010TTT 31096) on the ground of the instant payment order until it reaches KRW 218,472,946 among the claims for sales agency fees against D’s Defendant B Co., Ltd. (hereinafter “Defendant Company”).

The above attachment and assignment order was served on the defendant company at that time and became final and conclusive.

(hereinafter “The First Assignment Order”). A Co., Ltd. (hereinafter “E”) borrowed KRW 685,00,000 from the Defendant Co., Ltd. (hereinafter “Defendant Bank”) on February 16, 2009 as “the payment period: February 16, 2010; interest: 11% per annum.”

On May 22, 2009, the Plaintiff, the representative director of E at the time, jointly and severally guaranteed the above loan obligation, and signed a notarial deed of money loan contract (No. 3180, 2009) to the effect that the Defendant bank consented to compulsory execution.

(hereinafter “instant Notarial Deed”). On December 2, 2010, the Defendant Bank received an order of seizure and assignment from the Seoul Eastern District Court (2010TTTT 2333) as to “the money until it reaches KRW 200,000,000, out of the total amount of the Plaintiff’s claim pursuant to an assignment order against the Defendant Company,” based on the instant No. notarial deed.

The above attachment and assignment order was served on the defendant company at that time and became final and conclusive.

(hereinafter “Second Assignment Order”). On March 31, 2009, the Plaintiff resigned from E’s representative director position.

Accordingly, the defendant bank on 201.

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