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(영문) 수원지방법원 여주지원 2018.10.31 2017가합6459
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The Plaintiffs’ claim for the price of goods against E (hereinafter “E”) supplied goods, such as food materials, to E (Representative H) Co., Ltd., but Plaintiff A was not paid KRW 180,041,00 as of the end of March, 2017, and KRW 61,795,00 as of October 17, 2016.

Accordingly, on June 9, 2017, Plaintiff A received a collection order of KRW 180,041,00 from the E Co., Ltd. (hereinafter “E”) with respect to each of the claims for the payment of goods against the E Co., Ltd. (hereinafter “Co., Ltd.”) as a preserved bond and under the title of E Co., Ltd. (hereinafter “Co., Ltd.”) as E Co., Ltd. (hereinafter “Co.”), Food money, and Korean Commercial Hotel L&C, and the above order was served to the said third obligor around that time.

Plaintiff

B On May 18, 2017, the amount of KRW 61,795,00,00 for the goods price claim against E as the preserved bond was determined by the Incheon District Court Decision 2017Kadan2491, E as to the claims for each goods price claim against E, and the above order was served to the third debtor around that time.

In addition, on May 22, 2017, Plaintiff B applied for a payment order seeking KRW 61,795,000 for the above goods payment claim against Party B, and the payment order was issued on May 22, 2017, and the above payment order was finalized around that time.

Between E and E on October 18, 2013, the Defendants entered into an investment contract whereby SPS is to invest KRW 300 million in E but to be issued 20,000 new shares with E.

The said investment contract included an investor's put-in option (Put-bbbck) with the content that the source has the right to receive the investment amount and the interest of 6% per annum on the investment amount in E three years after the date of investment.

Pursuant to the above investment contract, the amounts of investment of KRW 300 million in E on November 20, 2013.

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