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(영문) 서울중앙지방법원 2018.11.27 2015가단211829
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 21, 2010, the Plaintiff filed an order for payment with the Suwon District Court F Co., Ltd. (hereinafter “F”) to pay KRW 200,000,000 and KRW 20% per annum from November 24, 2010 to the date of full payment. The Plaintiff received an order for payment from the Plaintiff to the Plaintiff, and the said order for payment was finalized on December 8, 2012.

B. On April 15, 2011, the Plaintiff received a claim attachment and collection order as to the purchase price and damages claim that F had against a third party debtor, including G, etc., by Seoul Central District Court 2011 other bond 13101, based on the above payment order.

C. On May 16, 2007 between F and H, and the deceased E, the decedent of the Defendants (hereinafter “the deceased”), a notary public signed a notarial deed under a monetary loan agreement (hereinafter “notarial deed”) with No. 49, 2007, as a law firm I.D.

On February 20, 2003, the notarial deed of this case states that "the creditor (the deceased) lent KRW 200 billion to the debtor and borrowed it from the debtor, and the debtor (F and H) decided to repay the above amount to the deceased until June 18, 2007. The interest shall be paid 20% per annum, and if the repayment of principal or interest is delayed, damages for delay shall be paid at the rate of 20% per annum for the delayed principal or interest, and if the monetary obligation under this contract is not performed immediately, it shall be acknowledged that there is no objection even if there is no objection."

E. On July 30, 2007, the Deceased received each claim attachment and collection order as to the above claim against the third parties, including G, by the Seoul Central District Court No. 2007TTT No. 11810, Mar. 17, 2010, as the Seoul Central District Court No. 2010TT8722, as to the above claim for the purchase price, etc. against the third parties, including G, etc.

F. The third-party debtors, including G, deposited the amount of credit in the F future, and the distribution procedure was carried out as Seoul Central District Court D, and the above court.

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