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(영문) 인천지방법원부천지원 2020.10.30 2019가합104692
배당이의
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim and the conjunctive claim against the distribution shall be dismissed.

2...

Reasons

On March 30, 2016, the Plaintiff entered into a trade reservation with respect to the new shares of Company I (hereinafter “I”) owned by the said H in order to preserve monetary claims against H (hereinafter “H”).

According to Article 3(3) of the above sales reservation, when the Plaintiff terminates the pre-sale reservation on September 30, 2016, the Plaintiff may claim damages of KRW 3,000,000 (i.e., principal amount of KRW 1,500,000,000) against I (i.e., KRW 1,500,000).

F guaranteed the payment to the Plaintiff of the purchase and sale reservation and the termination price upon termination pursuant to Article 1(3) of the above purchase and sale reservation.

The Plaintiff deposited the purchase price in H on the same day, but notified the termination of the contract to H on September 30, 2016.

The Plaintiff applied for a payment order against H and F on the ground of Article 3(3) of the above written promise to sell and purchase, and received a payment order on January 25, 2017. The above payment order was finalized on March 7, 2017.

(B) On July 15, 2016, Defendant C issued to Defendant C a letter of confirmation stating that “I would confirm that I will guarantee I will guarantee I will guarantee I will guarantee I will pay I will pay I will pay I will pay 2,100,000,000 won.”

On May 24, 2017, Defendant C, the agent of J, H, and F, and the notary public, “Defendant C, on July 15, 2016, lent KRW 2,100,00,000 to J, H, and H on July 15, 2016, as joint and several surety by F, and as a joint and several surety by F, drafted a notarial deed of a monetary loan agreement under Article 150 of G, 201.

Defendant D had the F issue on January 26, 2018 one promissory note “F, Defendant D, face value D, 4,000,000,000 won, and the due date on January 31, 2018, the place of issuance, payment, and place of payment, respectively, Seoul Special Metropolitan City, and the date of issuance, and January 26, 2018,” and the compulsory execution shall be enforced immediately when a notary public delays the payment of the said note under the law firm M status No. 63, 2018.

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