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(영문) 서울동부지방법원 2014.02.14 2013가합16761
추심금
Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 20% per annum from October 31, 2013 to the day of complete payment.

Reasons

1. The facts following the facts are either in dispute between the parties or in full view of Gap evidence 1-1, 2, 3, 2-1, 10-1, 15, 3-1, 3-4, and the purport of the whole pleadings.

The defendant shall set the repayment period of KRW C, and KRW 50 million on April 18, 2008 as October 17, 2008, interest rate of KRW 2% per month, April 22, 2008, and KRW 30 million on April 22, 2008 as the repayment period of KRW 21, October 21, 2008, interest rate of KRW 2% per month, and November 26, 2008, the repayment period of KRW 5,000 on May 25, 2009, interest rate of KRW 2% per month, and December 3, 2008, as the repayment period of KRW 40,000 on June 1, 2009, interest rate of KRW 2% per month, and each of the above loans shall be made as the payment date of KRW 30,000,000,000 for each of the above bonds issued by the defendant, the payment date of KRW 36, respectively.

B. On December 18, 2012, C filed an application for provisional attachment of 2/17 of the Defendant’s equity interest among Daehan-si 10,718 square meters (hereinafter “instant real estate”) with the District Court of Suyang-si for a provisional attachment of KRW 160,000,000,000 with the Defendant’s claim against the Defendant. On January 9, 2013, the said court rendered a provisional attachment order as the provisional attachment order as of KRW 2012Kadan51040,00.

In addition, C on January 28, 2013, on the basis of a notarized deed No. 40 of the Promissory Notes No. 2013, Jan. 17, 2013, 2013, which was signed by a notary public against the Defendant, filed an application for a compulsory auction for 2/17 of the shares of the Defendant out of the instant real estate with the Speaker District Court, and the said court rendered a decision to commence the auction for 2/17 of the shares of the Defendant out of the instant real estate as of January 29, 2013.

C. Meanwhile, the Plaintiff’s claim amounting to KRW 191,522,602, total amount of the principal and damages for delay in the loan case of the Incheon District Court Branch 2008Gahap4925 against C as the claim amount. On February 27, 2013, the Plaintiff’s claim amounting to KRW 191,52,60,000 against the Defendant (such as loans, promissory notes, etc.) against the Defendant under the District Court 2013T No. 2013

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