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(영문) 서울동부지방법원 2017.08.30 2016가단108169
전부금
Text

1. The Defendant: (a) KRW 16,557,563 to Plaintiff A; (b) KRW 14,389,222 to Plaintiff B; and each of them, from November 30, 2015 to August 2017.

Reasons

1. Case progress

A. On June 15, 2012, the Plaintiffs entered into an investment agreement by paying KRW 250 million to D Co., Ltd. (hereinafter “Nonindicted Company”) the funds necessary for the new establishment of a campus with the funds necessary for the new construction of the campus.

B) On March 3, 2014, Plaintiff A lent KRW 50 million to Nonparty Company without fixing the due date for reimbursement. C) Nonparty Company discontinued school business due to shortage of funds, and filed a report on closure of June 30, 2014. The Plaintiffs applied for a payment order against Nonparty Company as Seoul Eastern District Court 2014 tea6563 on September 4, 2014, and received the payment order from Nonparty Company on September 4, 2014, “The Nonparty Company was ordered to pay KRW 38,1250,000 to Plaintiff Company and KRW 333,1250,000 to Plaintiff Company and each of the above money to Nonparty Company for KRW 200,000 per annum from the day following the delivery of the original copy of the payment order to the day of full payment, and the said payment order became final and conclusive on September 20, 2014 to Nonparty Company 20,300,000,000 won on the day of sale to Nonparty 2828.

(B) On June 3, 2013, when the non-party company delayed the payment of the balance, the Defendant notified the non-party company of the cancellation of the instant transaction.

3) On October 23, 2014, based on the original copy of the payment order under the above A-A-A-A-D, the Plaintiffs were issued an order of seizure and assignment of claims against the Defendant of the non-party company on the ground that the debtor and the Defendant were the third debtor, the Defendant, the claim amount of the non-party company KRW 728,467,737 (Plaintiff A389,781,814, Plaintiff B338,685,923), and received an order of seizure and assignment of claims against the Defendant of the non-party company due to the above cancellation, and the original copy of the decision was sent to the Defendant on October 27, 2014, and to the non-party company on November 3, 2014, respectively. The above seizure and assignment order became final and conclusive).

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