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(영문) 서울중앙지방법원 2019.07.18 2018가합507115
배당이의
Text

1. All the claims of the plaintiff (consolidated defendant) and the joined claims of the defendant (consolidated plaintiff) are dismissed.

2...

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

Basic Facts

On February 24, 2015, the Plaintiff and the Defendant filed a lawsuit claiming the payment of the acquisition amount of KRW 5,000,000 against D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and against E, who are the representative director of the said Co., Ltd. (hereinafter “Co., Ltd.”) and E, the Plaintiff filed a lawsuit claiming the payment of the acquisition amount of KRW 2015,610,000,000.

On January 13, 2016, this Court rendered a judgment that "the foreign company and E shall jointly and severally pay to the Plaintiff KRW 5,00,000,000,000 and that "from November 16, 2011, to March 11, 2015 for E, 19% per annum until April 5, 2015 for E, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment," and the above judgment became final and conclusive on February 4, 2016.

(hereinafter “Prior Judgment”). On March 7, 2016, the Defendant filed an application for a payment order with Nonparty Company No. 2016 tea9570 of this Court. On the other hand, this court issued a payment order with the purport that “The Nonparty Company shall pay to the Defendant KRW 3,80,000,000 and the amount equivalent to 6% per annum from July 1, 2015 to the date on which the original copy of the payment order was served, and the amount equivalent to 15% per annum from the next day to the date of complete payment,” and the said payment order was finalized on April 19, 2016.

(hereinafter “instant payment order”). The Plaintiff filed an application for provisional seizure of the claim against F of the non-party company by using KRW 1,500,000,000, which is a part of the claim that was acquired against the non-party company as the preserved claim, as the secured claim. This court decided to accept provisional seizure of the claim on January 7, 2016, and this court served on F of the above provisional seizure order on January 11, 2016.

After the ruling of this case, the plaintiff is sentenced to the preceding ruling.

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