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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2018.11.29 2018가단213047
구상금, 추심금
Text

1. Defendant A’s 6,981,647 won and 66,691,556 won among the Plaintiff and 15% per annum from October 11, 2006 to June 23, 2008.

Reasons

1. Determination as to the claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant Han Asset Trust Co., Ltd.

A. Basic facts 1) The Plaintiff’s payment order against Defendant A, etc., filed an application with the Defendant A for a payment order seeking reimbursement, etc. relating to the amount of subrogated payment under the Housing Credit Guarantee Agreement as the court 2008 tea509, and the above court issued the Defendant A’s payment order ordering the Plaintiff to pay the amount of KRW 66,691,677 and delay damages for KRW 66,691,556 among them. The above payment order became final and conclusive on July 8, 2008. 2) Defendant A (hereinafter “Road Construction”) on December 29, 2004.

2) The apartment complex No. 1001, 1001, 200, 200,000,000

As to the sale price, the sales contract was concluded at KRW 135 million (hereinafter “instant sales contract”).

(B) As to the instant apartment, the road construction completed the registration of ownership preservation on June 20, 2005, and on June 16, 2005, entered into a trust agreement with the Defendant Han Asset Trust Co., Ltd. (the former trade name: Daol Real Estate Trust; hereinafter “Defendant Co., Ltd.”) and completed the registration of ownership transfer with the Defendant Co., Ltd. on June 20, 2005.

On January 7, 2015, Defendant Company completed the registration of ownership transfer on the ground of sale to C, and the registration of the above trust was cancelled on the same day.

3) On March 16, 2006, the National Bank Co., Ltd., the Plaintiff’s business entrusted institution, such as the instant seizure and collection order, shall be deemed as the claim amount under the Daejeon District Court’s 2006Kadan718, and the claim amount is KRW 63,591,819, the claim amount is KRW 63,59,000,000,000 won.

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