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(영문) 서울중앙지방법원 2020.08.18 2019가단5100311
전세금 반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs E Co., Ltd. (hereinafter "E") claims 1) The plaintiffs A Co., Ltd. (hereinafter "Co., Ltd.") omit all of the "Co., Ltd." in the name of the company.

(2) On May 1, 2014, the Seoul Western District Court filed a lawsuit against E seeking the payment of the price of goods KRW 901,09,442 and the delay damages therefor (2014Da31622), and rendered a judgment on May 1, 2014, that “E shall pay to Plaintiff A the interest of KRW 901,09,442 and the interest of KRW 20% per annum from March 21, 2014 to the date of full payment.” The above judgment became final and conclusive on May 27, 2014. (2) Plaintiff B filed an application against Plaintiff B for a payment order against Plaintiff under the Seoul Western District Court Decision 2016Da1681, May 26, 2016; and the above court ordered the payment order of KRW 1530,300, interest of KRW 200 and delay damages.

3) With respect to Plaintiff C’s land in Dong-gu, Daejeon and Dong-gu, Daejeon, the registration of the establishment of a mortgage-based E and a mortgagee, as shown below, was completed in order to secure the obligation to H Co., Ltd. (the trade name before and after the change: I; hereinafter “H”) as a joint security to secure the obligation to H Co., Ltd. (the trade name before and after the change of the trade name).

On December 22, 2010, Daejeon District Court of Daejeon District, Daejeon District Court No. 72568, No. 72568, Dec. 22, 2010, received Daejeon District Court of Daejeon District on May 4, 2012, the Daejeon District Court received Daejeon District Court of Daejeon, and received the Daejeon District Court of Daejeon (No. 267766, b) failed to repay the debt, and H on April 23, 2014, filed an application for voluntary auction for each of the above real estates (J of the Daejeon District Court; hereinafter the above auction case is referred to as “related auction case”).

B. Each of the above real estate was sold in the related auction case in KRW 495,401,00, and H was paid the said money in the related auction case.

(b) K’s E Fund Embezzlement shall work as a director since its establishment around December 2008.

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