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(영문) 창원지방법원진주지원 2020.01.14 2019가단3567
배당이의
Text

1. Of the distribution schedule prepared on June 3, 2019 with respect to the instant C real estate auction case, this Court against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff was indicted for committing a criminal act, such as fraud, by deceiving 47920,00 won as a sum of business funds from the Defendant, and appealed for eight months in the first instance trial [the Busan District Court Branch of the Dongsan District Court 2018Da1544, 2174 (Merger)] and then appealed.

(Resan District Court 2019No33) All payments: Samcheon,000 won

1. The above amount is part of the total amount of KRW 50 million inflicted on the Defendant, who is the Defendant in the case of 2019No33 (Fraud), and the Plaintiff is liable for full payment to the Defendant by March 31, 2019, and the Plaintiff shall be liable for civil and criminal legal liability in the event that the said promise is committed against the Defendant.

2. Of the remaining amount of damage KRW 20 million, KRW 15 million in cash shall be paid to the Defendant by the Plaintiff’s wife E, and the remaining KRW 5 million shall be paid to the Defendant by the day before the date on which the Plaintiff is sentenced to the appellate trial. If the Plaintiff is unable to pay the Defendant in cash not later than the day before the date on which the appellate trial is sentenced, the instant agreement becomes null and void, and the Defendant submitted a written petition for the invalidation of the agreement to the full bench and raised no objection against the Plaintiff’s punishment.

3. However, the defendant shall pay to the defendant the amount calculated by deducting the amount from 30 million won in a letter of repayment as to the unclaimed portion of the dividends that the auction currently is awarded for the remaining portion of the land on which the plaintiff offered as security for the repayment of the amount of damages and the defendant is entitled to receive at least ten million won among the dividends that the defendant is entitled to receive.

4.In addition, with respect to the above debt amount of KRW 30 million, the Plaintiff’s wife E shall prepare a fair document to the Defendant, and after the release of the Plaintiff, shall not be notarized (a notarial) and shall pay interest at the rate of 15% per annum.

B. On May 10, 2017, the Plaintiff initially completed the right to collateral security of KRW 30 million with respect to the obligor, the mortgagee, the Defendant, the maximum debt amount, and the maximum debt amount, with respect to the land owned by the Defendant (hereinafter “Nam Sea”), and the said right.

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