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(영문) 광주지방법원 2016.10.11 2015가단512413
배당금지급청구권양도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C’s claim 1) lent KRW 160 million to E on October 15, 2010 to E, and the Defendant and E with respect to the above loan claim, on October 19, 2010, as the notary public’s certificate of the General Law Office No. 790, the Defendant operated by E (hereinafter “D”).

(D) by November 14, 2010, 2010,000 won is extended to KRW 240,000,000, and D is repaid by no later than November 14, 2010, and damages for delay shall be 30% per annum a notarial deed of a monetary loan for consumption (hereinafter “notarial deed of

2) On October 19, 2010, C lent KRW 220 million to D, and on the same day, C and D loaned KRW 330 million to D with respect to the above loan claims as D by a notary public at Law Firm No. 791, 2010, and D repaid KRW 30 million to D by November 19, 2010, and the delayed payment is 30% per annum (hereinafter referred to as “instant notarial deed”).

B. On July 23, 2012, 2012, D filed a lawsuit for the registration of ownership transfer against the Korea SPS-based limited company (hereinafter “foreign limited company”). On July 15, 2013, the Busan District Court rendered a decision to recommend reconciliation that the non-party limited liability company pay KRW 200 million to D by July 31, 2013 from the appellate court of the said lawsuit (Seoul High Court 2013Na2542) to the non-party limited liability company (hereinafter “non-party limited liability company”). The said decision to recommend reconciliation became final and conclusive on August 2, 2013 by the parties’ failure to raise an objection.

(hereinafter referred to as the “instant claim”) against D’s non-party limited liability company based on the above decision of recommending reconciliation.

On August 2, 2013, 1 C, such as a seizure and assignment order on the instant claim, filed an application for the seizure and assignment order on the instant claim with the amount claimed as KRW 200,032,710 on the basis of the Notarial Deed issued by Busan District Court 2013TT 20258.

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