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Reasons
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(영문) 서울남부지방법원 2016.06.09 2015나57497
정산금
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1. Revocation of a judgment of the first instance;

2. The defendant shall describe 27,827,327 won in the name of the plaintiff (appointed party) and the attached name of the appointed party.

Reasons

1. Presumption

A. Cash loan and security contract 1) The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is only the Plaintiff.

) and designated persons, Defendant, and E (hereinafter collectively referred to as “won, Defendant, etc.”)

(1) Around May 2010, G et al. (hereinafter “I”) lent money to G and H with which the entertainment tavern (F) operated in 2009 was not repaid. G et al. were the said entertainment tavern (hereinafter “I”).

A) Following the transfer of business, I concurrently assumed the obligation of the Plaintiff and the Defendant, etc. to jointly take over the obligation of the Defendant. 2) The Plaintiff, the Defendant, etc., by settling accounts with the Attorney J on July 1, 2010 as his agent and setting the due date of payment of KRW 1.28 billion on December 5, 2010 by the Plaintiff, etc. and the Defendant, etc., as their agent. The I repaid the obligation in accordance with the loan schedule and set up and set up a promissory note No. 1.500,000,000 won for the guarantee of the obligation.

B. Promissory Notes No. 1 and a payment order No. 1) The Beneficiary on July 1, 2010: J and the due date for payment are KRW 1.5 billion at par value as of December 15, 2010 (hereinafter “instant Promissory Notes”).

2) On October 15, 2010, each payment order was decided on October 15, 2010 (Seoul Central District Court 201Da67763-677) and its decision became final and conclusive. The principal of each claim against the original and the defendant, etc. at the time of the above payment order is as follows.

The Plaintiff’s name B’s total amount of 312,00,000,000 87,000,000 44,000,000 429,000,000 345,200,200,000 1,217,2000 1,217,200,000

C. The collection order and the collection order 1J request the Seoul Central District Court 2010TTT No. 2010TT No. 50890 to order the seizure and collection of the Promissory Notes No. 2010, Dec. 31, 2010.

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