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(영문) 광주지방법원 2017.01.19 2016가단509117
공탁금출급청구권양도
Text

1. The Plaintiff:

A. (1) Defendant B is the Defendant Credit Guarantee Fund from October 20, 2016 to October 20, 2016.

Reasons

1. Facts of recognition;

A. On July 22, 2014, the Plaintiff entered into mediation between the Plaintiff and G filed a lawsuit against G with the Gwangju District Court (2014Da36233) for seeking payment of wages of 25,00,000 retirement pay and retirement pay of 3,608,58 won, and damages for delay payment of each of the above amounts, from November 1, 2012 to May 7, 2014, at drug wholesale and retail enterprises, which were operated by G with the trade name of “H”, to which G had not been paid while serving for the period from November 1, 2012 to May 7, 2014, and from May 2014, to April 2014. The said lawsuit was brought before the conciliation procedure (2014du15982), and the conciliation was concluded including the following adjustment provisions.

“1. G shall pay to the Plaintiff KRW 1,00,000 on the 30th day of each month from November 30, 2014 to September 30, 2016, in the manner of deposit into the Plaintiff’s account (the account number omitted). If the payment is made once again, the payment shall lose the benefit of time and the balance shall be paid at once, but the remainder shall be paid at a time, on the basis of the rate of 20% per annum from the day after the day when the benefit of time is lost to the day of full payment. The remainder of the Plaintiff’s claim shall be waived.”

B. 1) Commencement of auction on the real estate listed in the separate sheet 1) At the request of Defendant C upon application by Defendant C, Gwangju District Court on December 16, 2014 (hereinafter “instant real estate”) shall be the real estate listed in the separate sheet hereinafter “instant real estate”).

(2) On the other hand, G paid KRW 1,00,000 to the Plaintiff on November 30, 2014 and December 30, 2015 of the same year, the Plaintiff filed an application for compulsory auction of the instant real estate with the Gwangju District Court (E) as “21,00,000 won and damages for delay at the rate of 20% per annum from January 31, 2015 to the day of full payment,” and accordingly, the decision to commence compulsory auction of the instant real estate was rendered on February 10, 205.

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