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(영문) 서울남부지방법원 2014.11.20 2012가합19940
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 30, 2004, the Plaintiff paid KRW 170 million to E with the words that the Plaintiff would pay KRW 70 million of the principal and principal after six months if the Plaintiff invested KRW 170 million in the real estate located in Jongno-gu Seoul Metropolitan Government F (hereinafter “instant real estate”).

E received money and delivered it to D.

On October 4, 2010, the Plaintiff filed a provisional attachment on the amount of KRW 170 million among the claims to be distributed from the Republic of Korea in the Seoul Jongno-gu Seoul Central District Court G real estate auction with respect to the amount of KRW 188.4 square meters in Seoul Jongno-gu Seoul Central District Court (Seoul Southern District Court Decision 2010Kadan70940, Oct. 4, 2010, and received the decision of quotation on October 19, 2010.

On October 22, 2010, the Plaintiff filed a lawsuit to jointly and severally pay KRW 170 million to the Plaintiff as Seoul Southern District Court 2010Kahap21437, E and D.

In the foregoing case, May 3, 2012, "E shall pay to the Plaintiff, 5% per annum from November 1, 2004 to November 4, 2010, and 20% per annum from the next day to the day of full payment, and 100,000,000 among the money stated in the above paragraph (a) above, and 5% per annum from February 6, 2008 to May 3, 2012, and 20% per annum from the next day to the day of full payment."

D The Seoul High Court Decision 2012Na41559 sentenced the dismissal of appeal on August 29, 2014.

On May 18, 2012, the Plaintiff transferred provisional attachment of KRW 121,547,945, out of claims based on the Seoul Southern District Court 2010Kahap21437, based on the original copy of the judgment of Seoul Southern District Court 2010Kahap21437, May 18, 2012, the provisional attachment of KRW 123,027,397, out of claims based on the decision of provisional attachment of claims (Seoul Southern District Court 2012 Tada9071), and on June 11, 2012, the provisional attachment of KRW 123,027,397, out of claims based on the decision of provisional attachment.

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