logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.07 2015가단16082
배당이의
Text

1. Plaintiff 1 among the distribution schedule prepared on March 27, 2015 by this Court with respect to the distribution procedure case, Seoul Southern District Court E.

Reasons

1. Basic facts

A. On December 5, 2013, Plaintiff A provisionally issued a provisional attachment as to the right to claim the purchase price return, etc. with respect to G, H, and I (hereinafter “third obligor”) of F, an incorporated foundation, as Seoul Central District Court 2013Kadan410 (hereinafter “instant incorporated foundation”).

B. The instant foundation filed a lawsuit against the instant garnishee on the basis of the claim for restitution and claim for damages arising from the rescission of a sales contract. On September 30, 2014, the Seoul Eastern District Court established a voluntary adjustment to the effect that “The third obligor jointly and severally pays KRW 470,000,000 to the instant incorporated foundation until December 15, 2014, and if the period exceeds the above deadline, the said amount shall be paid in addition to the damages for delay calculated at the rate of 20% per annum from December 16, 2014 to the date of full payment.”

(2014 Gohap103426). (c)

Plaintiff

A filed a lawsuit against the instant Incorporated Foundation on the basis of a claim for restitution due to the rescission of an agreement or a claim for damages due to a tort, and the Seoul Central District Court rendered October 30, 2014, the Seoul Central District Court rendered a ruling to recommend settlement that “The instant Incorporated Foundation shall pay the Plaintiff KRW 170,000,000 to December 15, 2014. If the Defendant fails to pay the said amount by the payment date, the amount of the compensation for delay calculated at the rate of 20% per annum from December 16, 2014 to the date of full payment (20% per annum3888).” The said ruling to recommend settlement became final and conclusive on November 26, 2014.

Plaintiff

B On November 5, 2014, this Court issued a collection order for the seizure and collection of the claims against the claims arising from the above conciliation (hereinafter “instant seized claims”) held by the garnishee of this case by the instant incorporated foundation under this Court No. 2014TT 21079.

E. On May 21, 2012, Defendant C and the instant Incorporated Foundation issued promissory notes with face value of KRW 225,000,000 on the same day as the instant Incorporated Foundation, and Defendant C, respectively.

arrow