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(영문) 울산지방법원 2016.04.29 2016가단133
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant claiming for the amount of KRW 355,000,000 as agreed amount based on the business agreement at the Ulsan District Court 2013Gahap16905, and damages for delay.

B. On December 4, 2014, the above court rendered a judgment in favor of the Plaintiff. Accordingly, in the case of Busan High Court 2015Na5095, the Defendant appealed on September 3, 2015, the Busan High Court rendered a judgment that the Defendant is obligated to pay KRW 255,945,130 to the Plaintiff and delay damages.

The above judgment became final and conclusive around that time.

C. Meanwhile, on December 4, 2014, the Defendant filed a claim for restitution of unjust enrichment with the Ulsan District Court 2014Gahap3753 against the Plaintiff’s wife, and the said court rendered a judgment on December 4, 2014 that D’s wife is liable to pay to the Defendant KRW 180,850,000 and delay damages therefor.

The above judgment became final and conclusive around that time.

The Plaintiff filed an application for a compulsory auction on six parcels, such as Ulsan-gun E, Ulsan-gun, the real estate owned by the Defendant, after the Ulsan District Court Decision 2013Gahap16905 decided on February 2, 2015 (Ulsan District Court C; hereinafter “instant case of compulsory auction on real estate”). This Court rendered a decision to commence compulsory auction on February 2, 2015.

E. On September 23, 2015, after the decision of the above Busan High Court was rendered, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

(1) Both parties shall determine the Busan District Court Decision 2014Gahap3753 and the Busan High Court Decision 2015Na5095, the amount of KRW 75 million after offset and pay to the Plaintiff.

(2) U.S. District Court 2013Kahap1025, U.S. District Court 2013Kahap1025 against D, shall be withdrawn from the application and shall be rescinded.

(3) The Plaintiff’s provisional seizure against the Defendant by the Ulsan District Court 2013Kahap844 and the said court’s 2015Kadan1015.

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