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(영문) 서울회생법원 2020.08.19 2020가합100678
집행행위 부인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The debtor A Co., Ltd. (hereinafter “debtor A”) is a company that has engaged in business such as planning and agency business for domestic and foreign events, and has been operating in a way of settlement after completing the event generally accepted, claiming actual expenses and agency fees.

B. From October 12, 2018 to October 13, 2018, the debtor company received the workshop events (hereinafter “instant event”) from D Co., Ltd. (hereinafter “D”), and entrusted the Defendant with the entire process of the instant event.

(hereinafter referred to as the “instant agency fee”) is paid by the Defendant from the debtor company.

The obligor company promised to pay the instant agency fee to the Defendant on December 24, 2018, for which the service price for the instant event was paid by D. However, the obligor company failed to pay the instant agency fee to the Defendant by using D’s money for another purpose even after having received money from D as of the said date, and even though it again agreed to pay the agency fee by January 14, 2019, it did not again pay the agency fee.

On January 16, 2019, at the debtor company's office, the debtor company promised to pay the defendant with another service payment (hereinafter referred to as "claim related to this case's service payment claim") that the debtor company will receive from D around February 2019, and accordingly, he/she prepares a notary E-notarial deed of debt repayment contract (hereinafter referred to as "notarial deed of this case") of No. 35 of 2019 to the effect that the debtor company has a debt equivalent to KRW 110,000,000 against the defendant, and the main contents are as follows:

On the other hand, in this process, the debtor company has information such as a statement of exercise on the service payment claim of this case and an account number in the name of the debtor company to be deposited.

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