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(영문) 서울남부지방법원 2017.01.19 2014가단23083
전부금
Text

1. The Defendant: (a) KRW 50,000,000 and the Plaintiff’s annual rate from May 24, 2014 to January 19, 2017.

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Plaintiff prepared and delivered to Nonparty C a promissory note of KRW 70,000 at a face value of KRW 70,00,000 issued by Nonparty C as of March 10, 2014, and on the same day C prepared and delivered to the Plaintiff a notary public a notarized promissory note of KRW 125 with a law firm No. 125 as to the said promissory note.

B. The Plaintiff asserted that there was a claim of KRW 100 million against C based on the said promissory deed, and filed an application for a seizure and assignment order against C with the claim amounting to KRW 70,000,000 as the Changwon District Court 2014TT3247, and the debtor C and the third debtor as the defendant.

Accordingly, on April 2, 2014, the said court issued an order for the seizure and assignment of a claim that fully accepts the Plaintiff’s application and issued an order for the seizure and assignment of the claim (hereinafter “instant order”) was served on the Defendant on April 3, 2014, and became final and conclusive on the 10th of the same month.

C. On the other hand, on October 21, 2013, the Defendant: (a) on October 21, 2013, “A debtor B (Defendant) borrowed KRW 100 million from creditor C in order to repay bank loans; and (b) will repay the borrowed funds without delay until January 21, 2014. If a debtor fails to repay the borrowed funds within the due date, he/she shall be held liable for civil and criminal liability; (c) in order to secure the repayment of the borrowed funds, E’s ordinary shares, Co., Ltd., Ltd., which are owned by the debtor, shall be offered as security to C; and (d) in the event that the repayment date fails to repay the borrowed funds, he/she agreed to transfer the debtor’s shares to the creditor; and (e) prepared and deliver a cash loan certificate (No. 1 and No. 5-1 of No. 1, 2013; hereinafter “the same shall apply); and (c) on the same day, the Defendant “E” (the transferee”).

transfer of 1,200 common shares.

“The assignee” is the content of the transfer.

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