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(영문) 서울중앙지방법원 2015.08.21 2010가단475574
구상금청구소송
Text

1. The intermediate confirmation of this case shall be dismissed.

2. The defendant (the intermediate confirmation plaintiff) is the plaintiff (the intermediate confirmation defendant) 121,178.

Reasons

1. Facts of recognition;

A. B’s purchase of the claim on the collateral security (1) B) participated in the auction procedure of the claim on the first and second collateral security (a total of KRW 15.22 billion in total) by an industrial siren, Co., Ltd., Ltd. on the building and site located in Songpa-gu Seoul, Songpa-gu. B entered into an agreement on July 24, 2003 on the acquisition of the claim on the collateral security (hereinafter “agreement on the acquisition of the claim on the collateral security”) with the content that the amount calculated by deducting the proceeds of the public sale from the dividends would be equally divided if the Defendant and the Defendant were to receive dividends in the auction procedure on D’s real estate (hereinafter “instant dividend profit agreement”).

B. 1) On November 21, 2003, the Defendant entered into a deposit insurance contract between the parties for provisional seizure, etc. 1) The case of voluntary auction of real estate E in the Seoul District Court Dong Branch of Dong Branch of the Seoul District Court (hereinafter the auction case of this case) on the grounds of the agreement

(2) Of the claim for dividends to be received from the court, an application for provisional attachment was filed against the Plaintiff [2.65 million won [2.2 billion won for the public sale - KRW 9.91 billion for the public sale - KRW 15.2 billion]]. The Defendant is the intermediate confirmation Defendant and the Plaintiff (hereinafter referred to as the “Plaintiff”) in accordance with the court’s order to provide security.

(A) On November 24, 2013, the deposit guarantee insurance contract made to the insured B (hereinafter referred to as the “instant insurance contract”) and KRW 1.662 billion, and the amount of the insurance coverage on November 24, 2013.

A) The Plaintiff entered into a contract. Under the instant insurance contract, when the Plaintiff paid the insurance proceeds, the Defendant shall immediately compensate the insurance proceeds, but shall pay damages for delay in addition to the interest rate set by the Plaintiff within the scope of overdue interest rate set by the Plaintiff from the day following the date of payment of the insurance proceeds at the time of delay. The overdue interest rate applied by the Plaintiff is 19% per annum. 2) The Defendant submitted the deposit guaranty

On November 25, 2003, the court accepted the above provisional attachment application (Seoul District Court Support 2003Kahap2518).

3. The auction court of this case on November 28, 2003

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