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Reasons
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(영문) 창원지방법원진주지원 2019.12.18 2019가단1134
배당이의
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1. On February 18, 2019, drafted by the original district court Jinwon Branch C with respect to the auction case of real estate deposit.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On March 7, 2013, the Plaintiff is a D Co., Ltd. (hereinafter “Nonindicted Company”) on March 7, 2013.

(2) On May 21, 2014, the Plaintiff lent KRW 100 million to Nonparty Company and KRW 30 million on April 26, 2013. On May 21, 2014, E received the transfer of credit for KRW 120 million out of KRW 300 million, and Nonparty Company consented to the said transfer of credit. (2) On July 17, 2014, the Plaintiff appears to have operated the business with the trade name “H” on the 13th floor of G building owned by Nonparty Company and the F Company.

The following agreements (hereinafter referred to as “instant agreement”) were made up:

The non-party company and the plaintiff agree to the loan of KRW 250 million borrowed by the non-party company to the plaintiff as follows.

1. Nonparty Company shall reimburse the Plaintiff, up to July 25, 2014, KRW 250 million, including interest, with respect to the borrowed amount.

2. If repayment is interrupted due to inevitable circumstances of the non-party company, the non-party company and the F shall jointly and severally pay 10 million won monthly rent of H of the 13th floor of the G building at the time of Jinju owned by the non-party company to the Plaintiff for 50 months.

3) The Plaintiff’s loan claim amounting to KRW 250 million against the non-party company until July 25, 2014 (hereinafter “loan claim of this case”).

(2) The Plaintiff asserted that the Plaintiff was paid KRW 280,550,000,000 from F, as stated in the separate calculation statement from August 2, 2014 to June 16, 2017, but according to the evidence No. 6-2, the Plaintiff appears to have been calculated by omitting KRW 10,000,000 on December 31, 2015, and KRW 5,000,000 on July 15, 2016. (b) The Plaintiff was paid the Plaintiff on June 14, 2013, with the lease deposit amount of KRW 13 billion on the previous floor of G building, which was owned by Nonparty Company, from June 14, 2013 to the lease deposit amount of KRW 110,000,000,000,000 from June 16, 2016.

However, the actual business is as seen earlier.

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