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(영문) 서울동부지방법원 2016.11.08 2016가합102199
추심금
Text

1. The Defendant’s KRW 1,757,061,274 among the Plaintiff and KRW 109,189,80 among the Plaintiff, shall be from November 20, 2013, and KRW 1,039,39, and KRW 393.

Reasons

1. Basic facts

A. The Plaintiff’s credit against D (1) The Plaintiff has a claim against Nonparty D with a promissory note payment as follows.

Promissory notes issued on December 3, 2014 with a face value of KRW 500 million (notarial notes issued by a notary public at law firm E-certificate No. 150), the face value of which is KRW 100 million on December 10, 2014 (notarial notes issued by a notary public at law firm E-certificate No. 164) at the face value of which is KRW 100 million on March 11, 2015 (notarial notes issued by a notary public at the law firm E-certificate No. 2015) at the face value of KRW 100 million on June 23, 2015 (notarial notes issued by a notary public at the law firm E-certificate No. 2015 70) at the face value of which is KRW 100 million on June 25, 2016 (notarial notes issued by a notary public at the law firm E-certificate No. 20169).

B. Claim D against the Defendant (1) filed a lawsuit seeking a partition of co-owned property against the Defendant, F, G, H (hereinafter the Defendant, F, G, and H together with the Defendant, etc.) by Seoul Eastern District Court Decision 2010Kahap13198. On February 21, 2012, the conciliation was established to postpone payment until the existence of each claim described in the attached Table against the Defendant, etc. is determined through separate litigation procedures, in addition to the registration procedure for transfer of ownership of a part of the real estate share, the Defendant, etc. jointly and severally performed the registration procedure for transfer of ownership.

(2) Around October 30, 2013, as Seoul Eastern District Court 2012Gahap4877, D sought confirmation of the absence of the obligation indicated in the attached Table against the Defendant, etc. Around October 30, 2013, the said court rendered a judgment to confirm that the Defendant, etc. did not have any part exceeding KRW 11,90,013 out of each of the claims listed in the attached Table Nos. 2, 7, 10, 12, and 13 against the Plaintiff, etc. and the claims listed in the attached Table No. 9, and the claims listed in the attached Table No. 9 (hereinafter

(3) As to claims Nos. 5, 6, and 8 of the Schedule Nos. 5, 6, and 8, and the Defendant, etc., the Seoul High Court with respect to each claim described in the Schedule No. 2, 10, and 12

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