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(영문) 수원지방법원안산지원 2020.06.25 2020가합6976
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D against C is a stock company C (hereinafter “C”).

(2) On November 5, 2010, the Seoul High Court rendered a favorable judgment against D on the part of the purport that “C shall pay D 1,127,691,416 won and damages for delay therefrom” (Seoul High Court Decision 2009Na37000). The judgment became final and conclusive on April 20, 2011. (2) D transferred to E Co., Ltd., on November 12, 2014, a claim based on the Seoul High Court Decision 2009Na37000 (hereinafter “Seoul High Court Decision 2009Na3700) based on the final and conclusive judgment of the Seoul High Court (hereinafter “Seoul High Court Decision 2009Na3700). On February 16, 2015, E Co. transferred the claim against the Plaintiff with Seoul High Court Decision 2009Na37000.

B. On September 18, 2019, the Plaintiff: (a) issued a claim of Seoul High Court 2009Na37000 on the title; (b) C as the obligor; and (c) the Defendant as the third obligor; (b) C’s “the land of this case 16,504m2 (hereinafter “the instant land”) to the Defendant for sale on June 19, 2004; (c) the amount of KRW 1 billion to be paid to G; (d) the amount of KRW 1 billion to be paid to the Defendant on July 12, 2004; and (e) the amount of KRW 1 billion to be paid to G; and (e) the amount of money to be paid to the Defendant on July 18, 2004; and (e) the amount of money to be paid to the Defendant on KRW 2009Na37000,000,0000,000 to KRW 379,000,000,0000,000 won; and (c) the amount of the instant bonds KRW 39717575.7.7.758.

C. The instant sales contract between C and H Co., Ltd. and the instant case.

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