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(영문) 수원지방법원 2014.05.23 2011가합24602
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. A. On April 25, 1998, the Plaintiff opened a deposit account (Account Number: C) in the name of the Defendant (hereinafter “instant first account”) in the Jeju Bank Co., Ltd. (hereinafter “Seoul Bank”) (hereinafter “Seoul Bank”), and on the same day, KRW 62,500,000 was deposited in the said deposit account.

The remainder of July 29, 201 of the Account 1 was KRW 31,450,493.

The Plaintiff managed the account in the manner of keeping the passbook in the first account, and thereafter opened another deposit account in the name of the Defendant in the first account in the third bank, and thereafter, the Plaintiff managed it. On May 23, 2011, the Plaintiff opened a deposit account (Account Number: D) in the name of the Defendant (hereinafter “instant second account”) and on the same day, KRW 708,173,903 was deposited in the said deposit account.

B. Around July 2011, the Defendant issued a promissory note of KRW 870,000,000 (hereinafter “instant promissory note”) with a defective obligee as necessary for the business of ASEAN as F. Around July 201, the Defendant also drafted a notarized deed with the intent of a notary public to recognize compulsory execution under the 2011 Deed No. 1203, 201.

C.F requested the Suwon District Court to issue a seizure and collection order, around July 201, to the effect that it requested the seizure and collection order, on the 21th of the same month and the same year from the above court.

8. 1. A collection order (U.S. District Court 201T. 201T. 20596, 21266) was issued against the deposit deposited in the first, second, etc. with the preservation bond of this case as the preserved bond, and collected and received the amount equivalent to KRW 31,423,687 around that time.

On the other hand, on July 29, 2011, the Defendant filed a lawsuit of demurrer (U.S. District Court 201Kahap15219), and filed an application for suspension of enforcement (U.S. District Court 201Kaga1462), and the Plaintiff filed a claim for suspension of enforcement under the name of the Defendant as F with the deposited person on August 5, 201 as security.

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