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(영문) 서울중앙지방법원 2015.07.24 2014가합542820
채권자대위청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (hereinafter “Nonindicted Company”) is a company for the purpose of real estate sale agent business, real estate auction agent business, etc., D is a representative director of the Nonparty Company who operated the said company, and the Defendant was an employee of the said company, and the Plaintiff was lower than the Plaintiff.

is a creditor who loans money to D such as subsection (d).

(No. 1). (b)

From September 13, 201 to November 29, 2013, the Plaintiff leased KRW 111,00,000,000, in total, to D over five times as shown below (attached Table 1).

(A) No. 5). (No. 50,000,000 new account holders on September 13, 2013, 2013 (D) 20,000 E October 29, 2013, 300 No. 30,500,000 on October 29, 2013, agricultural cooperatives (E) No. 40,000 on October 30, 2013 (E) No. 50,000 agricultural cooperatives (E) 5, 200,000 on November 29, 2013 (E) / [1]

C. Meanwhile, Pyeongtaek-si F 3,636 square meters was originally owned by G. As to the said land, the decision to voluntarily commence the sale of the said land was rendered to Suwon District Court H of Pyeongtaek Housing Sitewon, and on September 16, 2013, the registration of ownership transfer under the Defendant’s name was completed on September 16, 2013 as the receipt of the same support on the ground of the sale by voluntary auction on September 16, 2013.

Since then, the land of Pyeongtaek-si was divided on November 29, 2013 and registered as the 1,418 square meters in Pyeongtaek-si F, I 1,00 square meters in return, J 605 square meters in J 605 square meters in size, and K 605 square meters in size.

Gap evidence 2, 3, 4-1 to 4-1

4. The above real estate (hereinafter referred to as "each of the instant real estate") shall be "each of the instant real estate"

(D) On February 14, 2014, with respect to the loans mentioned in the foregoing sub-paragraph (b) above, D prepared and attached a certificate of personal seal impression as follows to the Plaintiff (hereinafter “instant monetary loan certificate”). The “creditor” here refers to the Plaintiff, and the “debtor” refers to D.

A No. 1-2, 2) Money tea certificate (a brief)

1. The debtor borrowed from the creditor the sum of five times in total on September 13, 2013, October 15, October 29, October 30, October 30, and November 29.

2...

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