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(영문) 수원지방법원 여주지원 2018.04.24 2017가단54857
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The Plaintiff (hereinafter referred to as “D”) from January 2, 2017 to the same year.

3. Until March 22, 2017, food materials were sold, and as of March 22, 2017, D had a claim for the amount of KRW 68,700,60 for the purchase of goods.

D had a claim against F Co., Ltd. F (hereinafter referred to as “F”).

On October 18, 2013, G Co., Ltd. (hereinafter “G”) and D entered into an investment contract with G to invest KRW 300 million in D and receive 20,000 new shares issued from D.

The above contract was included in Put-backedckop, which was the right of G to sell its shares after the lapse of three years from the time of investment, with the interest of 6% per annum on the investment amount and 6% per annum.

G paid the investment amount of KRW 300 million to D on November 20, 2013.

G transferred 10,000 shares issued D to each Defendant on July 10, 2014, and the rights and obligations of G under the said investment contract were also transferred.

On November 20, 2016, the Defendants used the Put-backedbbck devices. On February 21, 2017, the Defendants filed an application for payment order against D and H with the claim amounting to KRW 354,00,000,00 in total, including each investment amount of KRW 150,000,000,00 as well as interest thereon, and for the claim amount of KRW 354,00,000 as well as the claim amount of KRW 150,00,000 as well as the claim amount.

D filed an objection against the above payment order, and as a result, a decision of recommending reconciliation was made on July 17, 2017 in the civil procedure (the Incheon District Court 2017Gahap53377 case), which became final and conclusive on August 8, 2017.

D On April 10, 2017, the Defendants entered into a contract with the Defendants to transfer 1/2 of each of the claims listed in the separate sheet against F (hereinafter “instant claim”) (hereinafter “instant contract for the assignment of claims”) with the Defendants, and notified the Defendants of the fact of the next assignment of claims to F.

F Co., Ltd. is the Incheon District Court Decision 2017No4948 on June 16, 2017.

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