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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.01.16 2014나17826
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts following the facts of the foundation do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings in the entries in Gap evidence 1-1, 2, 3, 2-1 to 10, 15, 3-1 to 3-4, 5, 6-1 to 3, 8, and 1-2.

The Defendant: (a) on October 17, 2008, 200 million won due date for repayment to C; (b) on April 18, 2008; (c) on April 22, 2008, the amount of KRW 30 million due date for repayment to October 21, 2008; (d) on April 22, 2008; (e) on November 26, 2008, the amount of KRW 50 million due for repayment to May 25, 2009; (e) on December 23, 2008, the amount of KRW 4 (Evidence 27 through 10; (e) on June 1, 2009; and (e) on the date of redemption to pay KRW 30 million; (e) on the date of redemption to the issuer; and (e) on each of the above issuance of the Promissory Notes; and (e) on each of the above three (3) the date of redemption to the issuer;

In addition, on January 17, 2013, the Defendant issued to C a promissory note with a face value of KRW 160,000,000 at sight, and then a notary public drawn up a notarial deed of promissory note with a No. 40,000,000 in the face value of the movable property of a law firm.

B. On December 18, 2012, C filed an application for provisional attachment of 2/17 of the Defendant’s equity among the Daehan-si 10,718§³ (hereinafter “instant real estate”) with the District Court of Jungyang-si for a provisional attachment of KRW 160,000,000,000 as the Defendant’s above loans, as the preserved claim. On January 9, 2013, the said Court rendered a provisional attachment order with the said Court issued a provisional attachment order of KRW 20,000,000,000,000 as the Defendant’s equity interest.

On January 28, 2013, C applied for a compulsory auction of 2/17 of the shares of the Defendant among the instant real estate to the Jung-gu District Court. On January 29, 2013, the said court rendered a decision to commence the auction to E on January 29, 2013.

C. Meanwhile, the Plaintiff’s total amount of KRW 191,522,602 for the principal and damages for delay in the case of loans extended by the Incheon District Court 2008Gahap4925 against C.

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