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(영문) 서울중앙지방법원 2018.06.21 2017가합523424
추심금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 186,152,126 and the interest rate of KRW 15% per annum from May 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. 1) On January 22, 2013, Defendant B’s claim against Defendant B (hereinafter “notarial deed of promissory note in this case”) issued to E one promissory note with a face value of KRW 200,000,000 at face value, the place of issue, the place of payment, and the place of payment. On the same day, Defendant B issued one set of promissory note with a face value of KRW 200,000,000 at face value under No. 9 of Law Firm F. 2013 (hereinafter “notarial deed of this case”).

2) On November 1, 2013, E prepared a distribution schedule stating the distribution of KRW 13,847,874 to Defendant E (hereinafter “relevant case”) on November 1, 2013, E filed a lawsuit of demurrer against distribution (hereinafter “relevant case”) with this Court 201Gahap81045 with the title of debt on the instant promissory note as the title of execution, and the appeal was dismissed from Seoul High Court (Seoul High Court 2015Na18758) and thereafter became final and conclusive on September 8, 2016, as it became final and conclusive on May 21, 2016.

[2] Upon receipt of dividends under the above distribution schedule, E received dividends and came to remain 186,152,126 won (=200,000,000 - 13,847,874 won). 2) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was decided to commence rehabilitation procedures as Seoul Central District Court 2013 Ma212 on November 15, 2013. The rehabilitation plan was finally authorized on October 20, 2015, and the amount of unpaid benefits and the amount of retirement allowances of the Defendant Co., Ltd. in the above E’s rehabilitation plan were classified as public benefit claims.

The Defendant Company’s payment of KRW 3,002,814 to E on November 6, 2015 according to the above rehabilitation plan (=20,788,764 won - 3,02,814 won) is the unpaid benefits and the unpaid benefits.

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