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(영문) 서울동부지방법원 2020.08.14 2018가단127218
추심금
Text

1. Defendant C and D shared each of the Plaintiffs’ KRW 10,00,000,00, and their respective of them from August 17, 2018 to August 14, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiffs and F’s money transaction 1) are between husband and wife. The Plaintiffs were under F’s deception that they would give principal and dividends by managing the investment money, and the Plaintiff paid KRW 10 million to F on February 12, 2014, and KRW 55 million on May 4, 2015, and Plaintiff B paid KRW 80 million on May 4, 2015 (hereinafter “instant criminal facts”).

2) The Plaintiffs filed a complaint with F. The Plaintiffs.

F was sentenced to imprisonment for fraud on November 24, 2017 by Seoul Western District Court 2017Ma1522, and was sentenced to imprisonment for one year and six months in relation to the crime of this case, and the appellate court (Seoul Western District Court 2017No1687) rendered a judgment dismissing the appeal on April 13, 2018.

3) On April 13, 2018, the Seoul East Eastern District Court 2016Kadan124130 filed a lawsuit against the Plaintiffs against F, etc. The said court rendered a judgment that “F shall pay to the Plaintiff A KRW 65 million, KRW 80 million to the Plaintiff B, and damages incurred therefrom,” and the said judgment became final and conclusive on May 3, 2018 (hereinafter “instant civil judgment”).

(B) B. (B) On the other hand, as Seoul Eastern District Court 2016Kadan51778, the Plaintiffs filed an application for provisional attachment against the claim against the “right to return the deposit,” which was returned from Defendant C and D with respect to the “Seoul Building H commercial building in Seongbuk-gu (hereinafter “the instant commercial building”)”, with the claim amounting to KRW 20 million (Plaintiff A10 million, Plaintiff B10 million, and Plaintiff B10 million).

On September 9, 2016, the above court's ruling of provisional seizure is 'the ruling of provisional seizure of this case', citing the above application.

AB made it.

The provisional attachment ruling of this case was served on September 13, 2016 to Defendant C and D.

2 The Plaintiffs, based on the instant civil judgment, set forth in the Seoul East Eastern District Court Decision 2018TTTT 53904, as Defendant C and D, and the third obligor as Defendant C and D, and the claimed amount is KRW 30 million.

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