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(영문) 서울중앙지방법원 2017.07.11 2016가단5182466
손해배상(기)
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall pay to the plaintiff KRW 57,554,582 as well as to the plaintiff.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant: (1) on April 12, 2013, the Defendant: (a) issued a provisional attachment order as to the loan claim of amounting to KRW 1,301,00,000 against the Plaintiff of Swiftships as the claim for the monetary claim against Gwangju Doping Co., Ltd., Ltd. (hereinafter “Mining”); (b) on November 27, 2013, the Defendant received a provisional attachment order as to the loan claim of KRW 1,301,00,000 against the Plaintiff; and (c) thereafter, on November 27, 2013, this Court issued a provisional attachment and collection order as to the loan claim of KRW 1,301,00,000 against the Plaintiff of Swiftships as the final judgment of KRW 2013,38238.

(2) On February 6, 2014, the Plaintiff entered into an agreement with the Defendant to the effect that “if the Plaintiff pays KRW 230,000,000,000 each month for four months from February 2, 2014 to May 2014 according to the foregoing provisional seizure and the seizure and collection order, the Plaintiff shall, without delay, cancel the said provisional seizure, seizure and collection, and waive all rights exercise of the Plaintiff” (hereinafter “instant agreement”). The Plaintiff fulfilled its monetary payment obligation on the date prescribed by the above agreement.

B. The Plaintiff between the Plaintiff and the Intervenor agreed to the effect that, while engaging in a business transaction with the Intervenor, the Plaintiff was liable for considerable debts. However, in early 2015, the Plaintiff agreed to the effect that, in the distribution proceeding between the Intervenor and the Intervenor, the Plaintiff would be able to fully distribute dividends to the Intervenor, and that, in the distribution proceeding between the Intervenor and the third obligor, the Plaintiff would be able to fully distribute dividends to the Intervenor.

C. In light of the fact that: (a) the distribution procedure was formulated and finalized by the Defendant, based on the foregoing provisional attachment order, the amount of KRW 3,093,581 out of KRW 67,204,138, which the Plaintiff would distribute in the distribution procedure of this Court A, a third debtor, and KRW 54,461,00,000 was based on the provisional attachment order; and (b) the distribution schedule was formulated and finalized under the above provisional attachment and collection order; (c) the Defendant applied for the issuance of dividends

[Reasons for Recognition] There is no dispute;

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