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(영문) 창원지방법원 2015.02.04 2014가합33000
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Conclusion of a deposit contract and a pledge contract; (1) A rehabilitation company’s main industrial development company (hereinafter “major industrial development”).

A) On April 18, 2012 and April 19, 2012, each deposit contract, such as the Plaintiff and the separate sheet, (hereinafter referred to as “each deposit contract in this case”).

(2) On April 18, 2012, the development of the border industry entered into a pledge agreement (hereinafter “instant pledge agreement”) with each deposit claim listed in C and the separate sheet as to each of the deposit claims listed in C on April 18, 2012, with each of the pledge holders’ major industrial development, C, the pledgee C, the Sucheon-dong branch of the concession holder, and the object of the pledge as deposit claims listed in the separate sheet against the agreement on the development of the border industry (hereinafter “instant pledge agreement”).

At the time, the development of the border industry was in progress, but the court did not obtain the permission of the pledge contract of this case.

B. As a result of the lawsuit claiming the return of deposit, the administrator D (the latter administrator E taken over the lawsuit) of the development of the main industry in Changwon District Court 2012Gahap4503 filed a lawsuit seeking the invalidity of the pledge agreement in relation to C, and the return of the sum of the deposits in this case to the Plaintiff. On November 27, 2013, the above court confirmed that the pledge agreement in this case between the administrator E and C of the main industrial development in Korea is null and void. The plaintiff was sentenced to the judgment of provisional execution ordering the above E to pay KRW 1 billion and its interest, etc. (hereinafter “the judgment of this case”). The above judgment became final and conclusive at that time.

C. After C’s filing of a lawsuit against C, “A” with the Plaintiff around Busan District Court Decision 2013Gahap20123 was a contract entered into between the Plaintiff and C, and was a contract entered into between the Plaintiff and the Plaintiff, on the condition that C created a pledge against the deposit of the Plaintiff in the Jeju Industrial Development. As such, the pledge contract of this case is null and void without the permission of the court.

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