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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.12.11 2014나27489
배당이의
Text

1. The part against the plaintiff in the judgment of the court of first instance is modified as follows:

The plaintiff's lawsuit of this case is in the middle of this case.

Reasons

Basic Facts

The Plaintiff’s seizure of investment certificates against the construction mutual aid association of the Plaintiff G Co., Ltd. (hereinafter “G”) was issued by a notary public of G on July 18, 2012 with an executory title of a monetary loan agreement, No. 789 among Korea-style law firms, with the amount of a claim KRW 220,168,767, which is the debtor G and the third debtor as the construction mutual aid association and the construction mutual aid association and the claim amount as KRW 220,168,767, and issued a seizure order with respect to “the refund claim received at the time of withdrawal of the association members based on the contribution shares held by the G to the construction mutual aid association.”

The above seizure order was served on the Construction Financial Cooperative on July 23, 2012.

On November 14, 2005, the Defendant borrowed KRW 130,000,000 (the maximum bond amount of KRW 169,000,000) from the National Bank of Korea Co., Ltd. as security in the Dongjak-gu Seoul Metropolitan Government J Apartment 103, 1003, which was one’s own possession, and remitted KRW 120,00,000 to the I account, which was the representative director of G as of November 18, 2005.

On April 24, 2012, the Defendant: (a) from G on April 24, 2012, the debtor I; (b) the defendant himself as the creditor and the debtor; and (c) the joint guarantor as his respective agents, the defendant lent KRW 130,00,00 to the debtor on November 16, 2005; (b) the amount was divided into KRW 50 million, KRW 50,000,000, and KRW 30,000,000; and (c) if the debtor delays the repayment of principal or interest, the payment for delay shall be made to the defendant; and (d) the notary public drafted and received a notarial deed of money consumption loan contract (hereinafter “notarial deed of this case”) on No. 166 of the No. 2012, which was G at the time.

The Defendant’s seizure and enforcement of investment certificates against G Construction Mutual Aid Association shall be based on the instant notarial deed, and on August 24, 2012, the Defendant’s construction mutual aid association and the third obligor’s construction mutual aid association and the claim amount shall be KRW 142,073,972, and the Suwon District Court shall be set up within the Suwon District Court.

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