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(영문) 인천지방법원부천지원 2015.04.01 2013가합10108
보관금반환
Text

1. The Defendants, the Defendant (Appointeds) and the designated parties are as follows: KRW 110,575,142 against each Plaintiff.

Reasons

1. Facts of recognition;

A. Daehan Co., Ltd. (hereinafter “D”) is a company aimed at the manufacture and wholesale of plastic household goods. The Plaintiff, the Defendants, the Defendant (hereinafter “Appointed Party”) and the designated parties (hereinafter “Defendant B”), together with the Defendants, Defendant B and the designated parties (hereinafter “Defendants”) are companies or people who have claims against D including the price of each goods.

B. The 29 creditors against D and D including the Plaintiff and the Defendants (hereinafter “the obligees of this case”) constituted the Claim Group (hereinafter “the Claim Group”) around September 2010 as the management of D and D have deteriorated, and Defendant B and E were elected as the representatives of the Claim Group. The list of creditors of this case is as indicated in the separate sheet.

C. On October 11, 2010, Daehan entered into an agreement with the instant claim group on the purpose of accord and satisfaction of the instant corporeal movables owned by D and D, which were in custody at a 146 ground factory, Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “instant corporeal movables”) for the purpose of transferring the instant corporeal movables to the instant claims held by the creditors against D and D, and the instant claim group to dispose of the instant corporeal movables under the agreement of the creditors and distribute them according to the ratio of the amount of claims by each creditor (hereinafter “instant accord and satisfaction agreement”).

Defendant B and E, the representative of the claim group of this case, sold the corporeal movables of this case transferred from D to a third party pursuant to the accord and satisfaction agreement of this case.

E. On December 24, 2010, the Plaintiff and the Defendants were present at the creditors’ meeting of the instant claims held on December 24, 2010. Since the Defendants secured collateral for their own claims, the Plaintiff distributed the proceeds of the sale of the instant corporeal movables to the Plaintiff.

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