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(영문) 서울중앙지방법원 2020.02.18 2017가단110050
배당이의
Text

1. The defendant among the distribution schedule prepared on December 15, 2017 by the above court with respect to the distribution procedure case in Seoul Central District Court C.

Reasons

Facts of recognition

Article 3 (1) On November 15, 2016, the defendant shall pay D the expenses for provisional registration and 20 million won for notarial acts.

(2) The defendant shall pay D the amount of KRW 250 million on November 21, 2016 to D.

(3) The defendant shall pay D KRW 250,000,000 to D on January 31, 2017.

(4) The defendant shall pay D KRW 250,000,000 to D on February 28, 2017.

(5) The defendant shall pay D the amount of KRW 230 million on March 31, 2017 to D.

Article 4 Section D shall make a provisional registration of the right to claim ownership transfer against the Defendant with respect to the first floor G of Gangnam-gu Seoul, Seoul, which is owned by D (hereinafter referred to as “instant real estate”), and shall make a provisional registration of the right to claim ownership transfer against the Defendant, and it shall be the cycle of resolving the provisional seizure of H and I corporation, each of the maximum debt amount set forth in the instant real estate, which is KRW 917,70

However, the defendant shall take over the secured debt (principal KRW 2.7 billion) arising from the right to collateral security (the maximum debt amount set forth in the real estate of this case).

D as security for one billion won that the Defendant decided to make an investment shall deliver to the Defendant a notarial deed of a loan for consumption which is equivalent to two billion won of a claim within one week, within one week from the date of this Agreement.

Where Article 6 D fails to comply with the matters set forth in Article 4 by December 31, 2016, the defendant shall cease to make an investment, and D shall compensate the defendant for the amount of two billion won of the claim under the said monetary loan agreement as compensation for damages.

Article 7 (4) of the Act provides that even once the Defendant has made the said investment, the Defendant shall return to D the notarial deeds of a loan for consumption under Article 5 above and cancel the provisional registration under Article 4, and shall give up the invested money and compensate for damages in penalty of KRW 500 million.

On November 15, 2016, the Defendant and D Co., Ltd. (formerly changed: Co., Ltd. E; hereinafter “D”) invested KRW 1,00,000,000 on four occasions in D, and D, from January 2017, if there exists interest and annual profit of KRW 10,000,000 per month on the above money, 10%.

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