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(영문) 의정부지방법원 고양지원 2018.05.18 2017가합70383
지불보증금 등
Text

1. The plaintiff's main claim is dismissed.

2. Attached Table 1 dated March 31, 2016 between Nonparty C and the Defendant.

Reasons

1. Basic facts

A. (1) Nonparty C is a company established on March 29, 2013 for the purpose of transportation business, advertising agency business, etc.

(A) No. 4-1. (2) Nonparty D was appointed as the representative director of Nonparty C on September 3, 2015, and resigned from office on June 2, 2016. Nonparty E was appointed as the representative director of Nonparty C on November 2, 2015, and retired from office on June 2, 2016.

(A) No. 4-1). (b)

The Plaintiff’s claim against Nonparty C (1) on December 28, 2015, the Plaintiff filed a lawsuit against Nonparty C claiming the amount of debt acquisition agreement with this court 2015Gahap3693, and Nonparty C served with a duplicate of the complaint of the instant case on January 30, 2016, and on July 15, 2016, the said court rendered a judgment that “the Plaintiff shall pay to the Plaintiff 750 million won and the amount of money calculated at the rate of 15% per annum from the following day to the date of full payment,” and that “the Plaintiff shall pay to the Plaintiff 750 million won and the amount of money calculated at the rate of 15% per annum from the next day to the date of full payment.”

Accordingly, Nonparty C appealed as Seoul High Court 2016Na2050953, but on June 2, 2017, Nonparty C’s appeal was dismissed. The above appellate judgment became final and conclusive on June 22, 2017.

(2) On September 28, 2017, the Plaintiff received dividends of KRW 26,856,527 from the FF distribution procedure of this court on September 28, 2017 based on the claim described in paragraph (1). On November 10, 2017, the Plaintiff received payment of KRW 120,000 from the non-party B Co., Ltd. for the payment of KRW 5,027,543 in the FF distribution procedure of this court on January 12, 2018. As of April 20, 2018, the Plaintiff received additional dividends of KRW 5,027,543 in the FF distribution procedure of this court on January 12, 2018. As of April 20, 2018, the amount of the Plaintiff’s debt acquisition agreement against the non-party C is KRW 88,475,237.

(See Attached Table 2). (c)

The establishment of the defendant company and the transfer agreement with the defendant company of the non-party C (1) on January 11, 2016, the defendant company was established for the purpose of village bus transportation business, advertising agency business, etc. with the non-party D as the representative director.

(A) No. 4-2) (2) Non-party D shall take March 28, 2016.

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