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(영문) 의정부지방법원 2016.12.01 2016가단113399
청구이의
Text

1. The Defendant’s District Court Decision on the loan case against the Plaintiff (2014Kadan104278 Decided August 22, 2014) is rendered.

Reasons

1. Facts of recognition;

A. On August 22, 2014, the Defendant filed a lawsuit against the Plaintiff, Jinjin Global, Inc. for loans 2014da104278 (hereinafter “prior lawsuit”) and was sentenced by the above court on August 22, 2014 that “The Defendants jointly and severally agreed to the Plaintiff 45,154,960 won and its amount until April 22, 2014, Defendant B shall pay to the Plaintiff 10% per annum until April 22, 2014, Defendant Han Jin Construction Co., Ltd, and Daejin Jin S&C Global Co., Ltd., Ltd., and 20% per annum from the next day until the day of full payment,” and the above judgment became final and conclusive on October 14, 2014.

B. On November 3, 2015, the Defendant rendered a decision to commence compulsory sale of real estate as to land D (hereinafter “instant real estate”) owned by the Plaintiff, based on the final and conclusive judgment of the previous lawsuit, to Suwon District Court Branch C, on November 3, 2015.

(hereinafter “instant auction”). C.

On June 14, 2016, the Defendant repaid the Plaintiff KRW 50,000,00, which is a part of the principal and interest of the judgment amount pursuant to the judgment of the previous lawsuit, according to the judgment of the previous lawsuit, and the Defendant prepared and rendered the following deposit certificate:

As to the amount of claims and obligations between the parties above at KRW 45,154,960 of principal amount, the debtor has deposited 50,000,000 won in the Korean bank account (E: the Korean District Court Decision 2014Da104278) by June 14, 2016, with respect to the amount of claims and obligations between the parties above at KRW 45,154,960 of principal amount, which is delegated by the creditor under the Act on the Use and Protection of Credit Information, the debtor has paid in full (E: the share holder) by June 15, 2016 (Korean District Court Decision 2014Da104278). The amount of such loans shall be withdrawn from the auction as

D. On June 15, 2016, the Defendant submitted a letter of withdrawal from a compulsory auction to an auction court. The auction court decided to permit the sale on the same day, but revoked the above decision to permit the sale on August 22, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 7.

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