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(영문) 서울서부지방법원 2012.08.31 2012가합2392
배당이의
Text

1. The Seoul Western District Court F, G (Dual) case of compulsory auction for real estate shall be prepared on February 23, 2012 by the said court.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff lent KRW 405,270,000 to H over several occasions from around 1997 to December 1, 2003 with respect to the Plaintiff as 2009Gahap1174, and among them, KRW 144,000 (=405,270,000 - KRW 261,230,000 - 261,230,000,000 and its delay damages; ② The Plaintiff falsely speaks that H will accept the Plaintiff’s permanent permanent sovereignty; ② the Plaintiff was 280,006,200,000 for the purpose of the issuance of permanent sovereignty over several occasions from January 22, 200 to December 1, 2003; and ② the amount of KRW 261,230,000 on the ground that H was repaid.

3. The Plaintiff filed a lawsuit claiming the payment of the agreed amount of KRW 280,006,200 and damages for delay thereof on the ground that he/she agreed to pay the agreed amount of KRW 280,00,200, and H filed a counterclaim claiming a loan, indemnity amount, and return of unjust enrichment against the Plaintiff under 2010Gahap3254. The court dismissed all of the grounds that there is insufficient evidence to acknowledge the counterclaim claim by H on May 4, 201, and dismissed the Plaintiff’s claim for loans in the principal lawsuit on the ground that there is insufficient evidence to acknowledge it. As to the claim for agreed amount, H dismissed the Plaintiff’s claim for loans in the principal lawsuit on February 5, 2004, 280,006,200 won to I, his/her husband, the Plaintiff

3. Recognizing the fact that the agreement to pay the agreed amount by the end of 5. However, on the ground that the above agreed amount is a divided claim, H rendered a judgment ordering the Plaintiff to pay 1/2 of the agreed amount as KRW 140,003,100 and damages for delay from March 6, 2004 (hereinafter “the pertinent judgment”), and I claimed for KRW 140,003,100 for the agreed amount as KRW 1/2 of the agreed amount as 140,003,100, and damages for delay from March 6, 2004, and the above judgment became final and conclusive around that time.

In this regard, the Plaintiff and H are the Seoul High Court 201Na54183 (Main Office), .

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