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(영문) 서울고등법원 2016.04.27 2015나2052679
전부금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance. Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure

2. Additional matters to be determined;

A. The Defendant: (1) The application for each payment order against the non-party company filed by the Plaintiffs without any financial transaction equivalent to the investment and loan that the Plaintiffs delivered to the non-party company is merely a false claim for the Plaintiffs to obtain attachment and assignment order for the down payment refund claim based on the cancellation of the instant sales contract; and (2) family financial transaction details.

Even if the plaintiffs' claim for return of investment deposit and loan claims against the non-party company were related to the non-party company's subsidiary, the plaintiffs' claim for payment of each of the above claims against the non-party company's subsidiary, but they cannot respond to the plaintiffs' claim in this case.

On the other hand, the defendant's assertion that the request for each payment order against the non-party company was false, or the plaintiffs' claim for the return of investment and the payment of loans against the non-party company's non-party company's non-party company. Thus, the defendant's assertion is without merit

B. In other words, the Defendant again issued an order of seizure and assignment of the claim under the Suwon District Court Decision 2015TT10132, Jun. 11, 2015, with the amount claimed by G as KRW 45,428,012, and KRW 125,095,890, with the amount claimed by H as KRW 125,095,890, and KRW 125,095,890, respectively, on October 29, 2015, with respect to the claim for the return of down payment due to the cancellation of the instant sales contract. Therefore, the amount corresponding to each of the above amounts is equal to the entire amount of the instant claim.

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