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(영문) 서울중앙지방법원 2017.07.14 2016나81439
전부금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5:

The Plaintiff filed an order for payment with the Gyeonggi Tourism Development Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to claim payment of the agreed amount with the Seoul Central District Court (2015 tea31725). On July 14, 2015, the Plaintiff received an order for payment from the above court to the Plaintiff that “Nonindicted Co., Ltd. shall pay to the Plaintiff the amount equivalent to KRW 78,100,000 and the amount equivalent to 20% per annum from the day following the delivery of the instant payment order to the day of full payment, and the said payment order was finalized on August 5, 2015.

B. On September 7, 2015, the Plaintiff was issued an attachment and assignment order (hereinafter “instant attachment and assignment order”) with respect to the amount up to KRW 1,280,00 among the claim for reimbursement of litigation costs in relation to the case involving the refund of membership fees by the non-party company, Sungwon District Court Branch Branch Branching 2015TTB92, Suwon District Court Branching 2015TB92, which was held against the Defendant by the non-party company against the Defendant.

The above attachment and assignment order was served on the defendant on September 10, 2015, and was finalized on February 5, 2016.

C. Meanwhile, on the other hand, the non-party company filed an application with the defendant for the determination of the amount of litigation costs in relation to the case of the refund of membership fees with Suwon District Court Sung-nam Branch 2014Kahap202482, the non-party company received a final determination of the amount of litigation costs with the purport that “the amount of litigation costs that the defendant is liable to pay to the non-party company in relation to the case of refund of membership fees is KRW 1,016,200,” from the above court on February 17, 2016, the above determination was finalized on April 2, 2016.

(hereinafter referred to as "the costs of this case") are determined as the cost of this case.

On December 2, 2016, Nonparty Company filed an application for commencing rehabilitation procedures with the Seoul Central District Court on December 2, 2016, and received a decision on commencing rehabilitation procedures from the said court on December 23, 2016, and now.

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