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(영문) 서울서부지방법원 2019.10.04 2019가단213934
양수금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B shall pay to the Plaintiff KRW 130,505,174 and KRW 59,543,812 among them.

Reasons

1. Facts of recognition;

A. D Co., Ltd (the name of E Co., Ltd. was changed to E Co., Ltd. on May 11, 2009; hereinafter “Nonindicted Co., Ltd.”) filed a lawsuit against the Defendants for the claim for the amount of acquisition under the Seoul Central District Court 2007Kadan51169, and was sentenced on April 5, 2007 by the above court “the Defendants jointly and severally pay to the Nonparty Co., Ltd the amount of KRW 153,64,313 and the amount of KRW 82,702,951 per annum from September 12, 2006 to the date of full payment.”

The above judgment became final and conclusive on April 24, 2007.

(hereinafter “the final judgment of this case”). (b)

1) On November 19, 2008, Defendant C filed an application for individual rehabilitation with Suwon District Court 2008Da37620, and attached a list of creditors, stating obligations to the non-party company according to the final judgment of this case, and the above court decided to commence the rehabilitation procedure on December 16, 2008. (2) After the decision to authorize the repayment plan as of August 24, 2009, the individual rehabilitation procedure was abolished on May 28, 2014, which became final and conclusive as is.

1. Defendant B shall refund to the Nonparty Company KRW 5 million on February 24, 2009 and repaid KRW 10 million on March 20, 2009.

When the above amount is repaid, the non-party company terminated the credit bad faith of the defendant B, and withdraws the case of provisional injunction against the real estate disposal of No. 2009Kadan50041 applied to Suwon District Court for the provisional injunction against the real estate disposal.

2. All expenses incurred in the case of the above provisional disposition shall be borne by the defendant B.

3. In the case of the 2008 Dog 37620 individual rehabilitation district court applied by Defendant C, the rehabilitation district court will proceed in accordance with the repayment plan without relation to the principal repayment.

4. The non-party company prohibits the Defendants from collecting debts and issues a written confirmation of the completion of debt simultaneously with the completion of the repayment of the said individual rehabilitation case.

5. However, if the repayment plan of the above individual rehabilitation case has been interrupted by the defendant B or the defendant C's bad faith, paragraph 4 of this Agreement shall be null and void, and some payments shall be made with respect to the amount already paid.

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