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(영문) 서울중앙지방법원 2020.10.06 2020가단5141585
전부금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Facts of recognition

On September 10, 2018, H (hereinafter “H”) filed a lawsuit seeking damages against A Co., Ltd. (hereinafter “Rehabilitation Company”) with the Seoul Central District Court 2018Gahap563702. On November 2, 2018, the rehabilitation company filed a lawsuit claiming the amount of goods as a counterclaim against H on November 2, 2018.

On January 7, 2020, the above court rendered a judgment that "H shall pay to the rehabilitation company the amount of KRW 423,273,710 and the amount calculated by applying each rate of 6% per annum from July 1, 2018 to November 5, 2018, 15% per annum from November 6, 2018 to May 31, 2019, and 12% per annum from June 1, 2019 to the date of full payment."

The rehabilitation company with Defendant C, D, and E as the third obligor and with the Seoul Central District Court Decision 2020Kadan800966, H applied for the provisional seizure against the above Defendants, as to the amount equivalent to KRW 20,000,000 for the Defendant C, KRW 200,000 for the Defendant D, and KRW 20,000 for the Defendant E, and KRW 20,000 for the provisional seizure against the claim (hereinafter “provisional seizure against the claim”). The rehabilitation company filed an application for provisional seizure against the claim and provisional seizure against the claim (hereinafter “provisional seizure against the claim”). On February 17, 2020, the rehabilitation company filed an assignment order and assignment order against the above provisional seizure with the Seoul Central District Court Decision 2020 Ta103901, which was to transfer the above provisional seizure to F as the original seizure; and the assignment order and assignment order against H to the above additional amount equivalent to KRW 10,00,000 for the supply against H.

On July 8, 2020, the rehabilitation company filed an application for commencement of simplified rehabilitation with Suwon District Court 2020 Ma126, and the above court rendered a decision of commencement of simplified rehabilitation on August 11, 2020, and the Plaintiff, the representative of the rehabilitation company, is deemed the custodian of the rehabilitation company pursuant to Article 293-6 of the Debtor Rehabilitation and Bankruptcy Act.

【Ground of recognition】 There is no dispute between the parties involved.

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