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(영문) 청주지방법원 2017.04.20 2016가단110987
채권양도대금 등 반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The defendant's non-party C (hereinafter "non-party C") holding office as representative director is the non-party C.

2) Each land owned by Jeju Island D, E, F, G, H, and I (hereinafter referred to as “each land of this case”).

A) The Plaintiff’s land is located on the access road to the main branch of JJ, which is operated by the Plaintiff, and around April 2016, the compulsory auction procedure for the instant land ( Jeju District Court K, L, and hereinafter referred to as “instant auction procedure”).

[2] Around that time, the Defendant proposed that the Plaintiff acquire the right to collateral security against the non-party company. At that time, the Plaintiff was aware that the appraised value of each of the instant lands was KRW 30,342,00,00 at the time, and only a claim equivalent to KRW 56,00,000,000, which was merely a senior claim than the Defendant’s collateral security right exists. Thus, even if the Defendant acquired the secured claim of the instant land from the Defendant with the amount of KRW 600,000,000, which was determined as a priority claim, and then received a successful bid at the auction procedure of the instant case with the bid amount of KRW 80,000,000,000, the said secured claim would be offset and disposed of against the said secured claim and paid only

3) Accordingly, on April 8, 2016, the Plaintiff and the Defendant set the amount of secured debt worth KRW 600 million from the Defendant as the collateral security (hereinafter “instant collateral security”) between the Plaintiff and the Defendant.

(2) The agreement between the parties to the claim and the secured claim shall be taken over, and to pay to the defendant 146 million won and the non-party company 54 million won each (hereinafter referred to as the “instant agreement”).

On the same day, pursuant to the instant agreement, the Defendant paid KRW 146 million to the non-party company and KRW 54 million to the non-party company, respectively, and on April 19, 2016, the Defendant acquired the instant right to collateral security and its secured claim from the Defendant, but the Jeju Tax Office did not accept the instant claim.

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