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(영문) 수원지방법원안산지원 2016.04.08 2014가단6459
배당이의의소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 68,930,00 to B, as of January 22, 2010, the interest rate of KRW 8.2% per annum, KRW 25% per annum, and KRW 68,930,000 on October 22, 2011, interest rate of March 22, 2010, annual interest rate of KRW 25% per annum, overdue interest rate of KRW 25% per annum, and KRW 68,930,00 on October 22, 2011, respectively. 2) on July 24, 2013, the Plaintiff obtained a provisional attachment order of KRW 20,00,00 after deducting the remaining amount of the wage claims, including all kinds of allowances for the Gyeonggi-do Office of Education, from among the wage claims, to KRW 10,00,000,00 until the expiration date of the loan.

3) On September 5, 2013, the Plaintiff filed an application with Suwon District Court for a payment order against B seeking payment of KRW 177,767,328 in aggregate of the principal and interest on the loans specified in the foregoing paragraph (1) as Suwon District Court Decision 2013 tea5148, and the said court made a decision accepting the payment order on September 12, 2013. The said payment order was served on B on September 27, 2013, and became final and conclusive on October 12, 2013.

B. B’s promissory note issuance 1) B against the Defendant on March 6, 2013, the Defendant’s promissory note amounting to KRW 150,000,000 at face value (the Defendant, the date of payment, the date of payment, the place of issuance, the place of payment, and the place of payment, each of the Seoul Special Metropolitan City (hereinafter “instant promissory note”).

On the same day, a notary public issued a notarial deed to the effect that he/she recognizes compulsory execution based on the said Promissory Notes No. 31, 2013 and issued a notarial deed. 2) On April 9, 2013, the Defendant applied for an order of seizure and attachment of the claim for the amount equivalent to the remaining amount of the wage claims, including all kinds of allowances in Gyeonggi-do, which is 150,000,000 won after deducting taxes and public charges from the amount of the wage claims, based on the notarial deed as stated in the preceding paragraph, as the notarial deed No. 2013, Apr. 9, 2013, the Defendant applied for an order of seizure and attachment of the claim until the remaining amount of the wage claims, including taxes and public charges, is 150,00,000 won.

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