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(영문) 서울서부지방법원 2015.06.05 2014가합6114
금전반환
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. F and G (hereinafter “debtors”) issued, on May 3, 1998, a promissory note with L and joint issuers as security for the payment of construction machinery sale price, which is KRW 150,000,000 at par value with H and joint issuers. On October 2, 1990, a notary public prepared and delivered to the above company a notarial deed on the said promissory note under Law Firm 8095 on November 11, 1998, and Hyundai Automobile Co., Ltd., a successor to the above company was granted the execution clause on November 11, 199.

B. A claim based on the authentic deed of a promissory note as stated in the preceding paragraph was transferred to the Plaintiff on November 19, 202, from the Hyundai Automobile Co., Ltd., Ltd., to the United Nations Capital Capital, Co., Ltd., Ltd., on June 28, 199; on November 19, 2002; and on February 8, 2013, each claim was transferred to the Plaintiff prior to the time. The notification of each claim was delivered to the obligor around that time.

C. On October 8, 2012, the debtor filed for bankruptcy and exemption and was declared bankrupt by Daejeon District Court 201Hadan2870 (F), and 2869 (G). In the process of the exemption case, the debtor stated that F lent the title bank I account in the name of the defendant A (hereinafter “the name bank account”) in the process of the exemption case.

According to the specification of transactions of the instant borrowed name account, from November 7, 2009 to March 2, 2013, KRW 10,860,190, totaling KRW 37,757,160, and totaling KRW 54,954,192, and total sum of KRW 7,060,30, and KRW 10,438,100 from the account under the name of Defendant E, as shown in the separate sheet, was remitted from the instant borrowed name account to the account under the name of Defendant A, and KRW 37,757,160, and the account under the name of Defendant C, as indicated in the separate sheet.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned shall transfer the money as shown in the attached Form to the defendants in insolvent.

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