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(영문) 서울고등법원 2016.01.29 2014나20204
파산채권확정
Text

1. Of the judgment of the court of first instance, the part against the defendant, which is confirmed as bankruptcy claims in excess of the amount below.

Reasons

1. The following facts do not conflict between the parties, Gap evidence 1-1, 2, 9, Eul evidence 15-2, 15-3 (the same shall apply to the evidence 57-1, 2), 14, 15, Gap evidence 16-5, 6, 11 through 14, Gap evidence 17-13, 23-1, 2, 39, Gap evidence 50, 56, 109-1, 2, 4, 16-1, 2-1 through 6 (the evidence 7-1, 8-1, 2-1 of the evidence 2 of the evidence 2 of the above Decree, Gap evidence 2-2 of the above Decree, Eul evidence 2 of the above Decree are extracted, Gap evidence 2-1 and 2-2 of the above evidence of subparagraph 2 of the above Article, Gap evidence 2 of the above Decree is extracted, Eul evidence 2-1 and evidence 2-2 of the above evidence of subparagraph 2 of the above Decree No.

On August 30, 2010, the Plaintiff was issued an assignment order of claim attachment and assignment order (hereinafter “instant assignment order”) with respect to KRW 500 million against the obligor C (hereinafter “C”) and the garnishee B (hereinafter “B”) as the obligor, and the claim attachment and assignment order (hereinafter “instant assignment order”) was issued on August 30, 2010 with respect to KRW 500 million among the claims as set forth in the following subparagraphs with respect to Suwon District Court Order 2010TT12964 (hereinafter “instant assignment order”). On September 3, 2010, the said order reached B, a debtor, who is the garnishee, and became final and conclusive on September 25, 2010.

With respect to the real estate (security) trust agreement and the agency contract for the management of funds between P and the Korea Assets Trust Co., Ltd. in Sungnam-si, which entered into on November 21, 2003 with respect to the real estate E in Sungnam-si as of November 21, 2003, the amount of the above claim amount, out of the following damage claims made by C to B, arising from the process that B, who is the priority beneficiary under the above trust agreement, started the first default on the deposit account of C in fact, in lieu of the sale of the above trusted real estate and manages the money of the trust account in lieu of the sale of the deposited trust account and the deposit, etc. of C:

1. B on July 12, 2004, through the account of C and F Co., Ltd. from a trust account.

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