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(영문) 대구지방법원 2014.07.17 2014가합2147
전부금
Text

1. The plaintiff (appointed)'s claims are all dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. D’s claim 1) D’s investment bond against the Defendant on June 30, 2008 (hereinafter “instant investment contract”) with the Defendant on June 30, 2008.

A) The content of the instant investment contract was concluded. The Defendant imported non-metallic metals, such as ethyl scrap and copper, from abroad to sell them to domestic steel companies, etc. and divided the profits therefrom into D. D. D paid 4 billion won to the Defendant according to the instant investment contract. D, on October 25, 2008, concluded an agreement with the Defendant to cancel the instant investment contract with the Defendant and to refund the Defendant a penalty of KRW 39 billion after deducting the penalty of KRW 5 billion from the penalty of KRW 44 billion, and accordingly, received a refund of KRW 7 billion from the Defendant on October 29, 2008, but did not receive the remainder of KRW 32 billion (hereinafter “the instant investment contract”). The refunded claim was not refunded.

B. On March 16, 2010, the Plaintiff (Appointed Party) and the designated parties filed a lawsuit for damages against D, etc. under the Incheon District Court 2010Gahap4482, and the said court rendered partial winning judgment on July 5, 2011 (hereinafter “instant judgment”).

(2) On July 29, 2011, the Plaintiff (Appointed Party) and the designated parties were issued an assignment order (hereinafter “instant attachment and assignment order”) regarding the amount of damage claim against D by the Plaintiff (Appointed Party) and the designated parties, based on the original copy of the instant judgment with executory power over D, and the total amount of KRW 16,490,018,347 (excluding the total amount of damage claims other than the Plaintiff (Appointed Party) and the designated parties) out of the claim for return of the instant investment amount was issued as the attachment and assignment order (hereinafter “instant attachment and assignment order”).

On August 2, 2011, the instant attachment and assignment order was served on the Defendant and became final and conclusive on August 20, 2011.

Plaintiff (Appointed Party).

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