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(영문) 서울중앙지방법원 2018.02.14 2016가단5277241
추심금
Text

1. The Defendants shall pay the Plaintiff the following money:

A. Defendant A Co., Ltd. shall be KRW 70,000,000 and this shall apply thereto.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with D Co., Ltd. (hereinafter “D”), and E jointly and severally guaranteed the obligation of the Plaintiff under the credit guarantee contract.

D When the party portion was processed on December 30, 2008, the Plaintiff filed a claim for reimbursement against D, E, etc. (Seoul Central District Court 2009Gahap78936), and the judgment was rendered on December 17, 2009 that “D, E, etc. jointly and severally pay to the Plaintiff KRW 821,170,782 and delay damages.”

(hereinafter “instant claim”). (b)

The Plaintiff, based on the instant claim, was served on the third obligor E, the Defendant A Co., Ltd. (hereinafter “Defendant A”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) based on the instant claim, subject to the attachment and collection order as follows: “The amount to be claimed by 1/2 of the balance obtained from the third obligor each month from the payment of the salary (main salary and allowance) and the end-time allowance (in regular and irregular payment) which E receives from the third obligor, which remains after deducting the tax and public charges, until it reaches the claim amount.”

(1) A. 600,000,000 C 300,000 C on May 18, 2016, 2016, May 23, 2016, 2015, when the third debtor was served on May 4, 2015, 2015, when the third debtor was served on May 4, 2015, 2015, 100,000 A. 30,000,000,000, and 300,000,000, and c.

E was appointed as an internal director of Defendant A on March 21, 2013, and the representative director of Defendant A on October 2, 2014.

E was appointed as an inside director and a representative director of Defendant C on August 17, 2015, and both inside directors and representative directors on September 6, 2016, and completed the resignation registration on the same day.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. As to the Plaintiff’s assertion of the parties sought payment of benefits from May 2015 to December 2017, according to E’s collection order, the Defendants are the money that E works for unpaid remuneration.

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