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(영문) 창원지방법원 2016.11.30 2016가단9967
전부금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2009, the Plaintiff lent KRW 50,000,000 to public interest corporations, etc. (hereinafter “Beding Shipping”), and KRW 50,000,000 on November 25, 2009, the Plaintiff was ordered by the Daegu District Court in the Daegu District Court in the Daegu District Court in the Seoul District Court in December 21, 2012 to pay the principal and interest on the loan, and the payment order became final and conclusive around that time.

B. On June 25, 2010, the Bioethics Shipping concluded a contract with the Defendant to purchase a ship of KRW 220 to 2,450,000,000, which is to be purchased with the Defendant for a ship of KRW 2,450,000, and the Defendant paid a total of KRW 500,000,000 on two occasions, and the ship sales contract was subsequently rescinded on October 3, 2010.

C. On December 15, 2010, Bathrooms Shipping issued a promissory note of KRW 340,000,000 at a face value to the Large Heavy Industries Co., Ltd. (hereinafter “Large Heavy Industries”) and drafted a notarial deed recognizing compulsory execution on March 9, 201.

On March 25, 2011, pursuant to the executory exemplification of a notarial deed, the Minister of Changwon District Court issued an order of seizure and assignment of the claim regarding KRW 340,00,000 among the claim for return of the purchase price of a ship against the defendant of the bathing Shipping from Changwon District Court through the Changwon District Court on March 25, 201. This was served on the defendant on April 4, 201 and confirmed around that time.

E. On the basis of the executory exemplification of the payment order for bathing Shipping, the Plaintiff received on September 12, 2013 the attachment and assignment order for KRW 214,94,665, out of the amount to be returned from the Defendant in relation to the vessel sales contract from the Changwon District Court’s common branch on September 12, 2013. This became final and conclusive around that time.

F. The Plaintiff filed a lawsuit for revocation of a fraudulent act with the Changwon District Court 2014Gahap192 against the Daewon High Court for the purpose of preserving the loan claims against Bathrooms Shipping, and issued promissory notes from the same court on December 24, 2014.

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