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(영문) 서울북부지방법원 2017.12.21 2017가합1763
약정금반환
Text

1. Defendant B’s KRW 435,00,000 and annual interest thereon from September 1, 2017 to October 10, 2017 on the Plaintiff.

Reasons

Basic Facts

On November 3, 2015, the Plaintiff filed a compulsory auction against the non-party E Co., Ltd. (hereinafter referred to as the "non-party E Co., Ltd.") with the representative director, based on the executory exemplification of the judgment 2014Gahap7138 with respect to the non-party E Co., Ltd. (hereinafter referred to as the "non-party E Co., Ltd.") as a successor to the non-party D Co., Ltd. for compulsory auction and the decision to commence compulsory auction against the non-party E Co., Ltd.

On November 1, 2015, the procedure for compulsory auction was commenced on the above application.

The Defendant Company participated in the auction procedure of the Defendant Company, in the course of the auction procedure commenced on November 20, 2015 with respect to seven defense rooms among G land and buildings on both land and its ground, the Defendant Company participated in the auction procedure after being transferred the final claim and collateral security by Nonparty Mine Agricultural Cooperative Co., Ltd and the Defendant Co., Ltd., a mortgagee of each of the above real estate, in succession.

On December 11, 2015, this case was consolidated with the FF case.

On July 12, 2016, the Plaintiff filed a lawsuit of demurrer against the Plaintiff’s distribution schedule and a lawsuit of demurrer against distribution on the date of distribution as of July 12, 2016, the Defendant Company received dividends of KRW 3,243,824,358 out of the claimed amount of KRW 4,870,522,459, and the Plaintiff prepared a distribution schedule that is excluded from the distribution amount. The Plaintiff raised an objection against KRW 433,50,000 out of the dividend amount of the Defendant Company. On July 18, 2016, the Plaintiff filed a lawsuit of demurrer against distribution (hereinafter “instant lawsuit of demurrer against distribution”).

The agreement signed by the Plaintiff and Defendant B (hereinafter referred to as “A”) and A representative director I (hereinafter referred to as “B”) agree as follows, subject to the withdrawal of the lawsuit of demurrer against distribution filed by the District Court 2016Gahap54299.

1. If Eul withdraws the lawsuit of demurrer against the distribution, the representative director of the D Co., Ltd. shall borrow 120 million won against it, and the interest accrued therefrom shall be liable to Gap.

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