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(영문) 서울중앙지방법원 2018.02.21 2016가단132947
배당이의
Text

1.(a)

In April 7, 2016, a notary public signed on April 7, 2016 between Defendant C and D is a law firm non-exclusive certificate.

Reasons

1. Basic facts

A. On July 16, 2010, the Plaintiff transferred KRW 420,000,000 to E or D’s account in the name of E, while lending KRW 40,000,00,00, which is set as 3% per month for the repayment period to E, and the interest was transferred to E or D’s account. By February 10, 2012, the Plaintiff wired KRW 420,000 in total to E or D’s account.

B. On November 7, 2013, the Plaintiff, D, and E approved the Plaintiff to assume the obligation of KRW 430,000,000 with respect to the said monetary transaction. By December 30, 2013, the Plaintiff and D, and D shall repay KRW 230,000,000 to the Plaintiff, and shall pay the remainder of KRW 200,000 by February 28, 2014 in addition to the damages for delay calculated at a rate of 30% per annum in addition to the damages for delay. D entered into a joint and several contract between the Plaintiff, D, and E on the same day, and between the Plaintiff and D and D entered into a joint and several contract with the effect that they did not object to compulsory execution (loan for consumption).

C. As D and E did not repay the above debt, the Plaintiff filed an application with the Suwon District Court for an explanation of property with respect to D around 2014 (the foregoing court’s name of the property). D, on October 28, 2014, entered only 14,800 shares of the UN CCC non-listed shares of the company (hereinafter “instant shares”), and completed the oath on D’s inventory.

On June 4, 2015, the Plaintiff was ordered by the Seoul Central District Court to sell the instant shares, which were owned as joint and several surety, as the claim amounting to KRW 592,00,000,000 in total, based on the above notarial deed with executory power on June 4, 2015, and was ordered by the said court to sell the shares as 2015TT1851 on September 18, 2015.

E. Meanwhile, on April 7, 2016, between Defendant C and D, and between Defendant C and E, Defendant C set KRW 1,210,000,000 to E on April 21, 2010 as the due date for repayment and interest rate of KRW 12,00,000 per month.

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