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(영문) 전주지방법원정읍지원 2017.08.24 2015가단4670
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff transferred the Plaintiff’s claim to the Defendant’s International Machines Co., Ltd. (hereinafter “Defendant International Machinery Co., Ltd.”) in order to discharge its obligation, and accordingly, the said Defendant collected its claim.

Therefore, the amount of KRW 61,00,000 equivalent to the claim acquired from the Plaintiff should be offset or deducted from the above Defendant’s claim.

Since Defendant’s International Unified Machinery exempted the Plaintiff from the interest portion among the claims against the Plaintiff, the part on the interest amount of KRW 52,00,000 should be deducted from the amount of the claim against the Plaintiff.

Defendant’s Consolidated Machinery promised to bring parts on the Plaintiff’s agency and deduct the amount equivalent to the amount from the amount of the claim against the Plaintiff from the amount of the claim, but the amount equivalent to the said parts must be deducted from the claim of the said Defendant.

In early 2014, the Defendant removed the signboards bearing the name of the Plaintiff’s individual business operator, and provided the same agricultural machinery parts in the same area as the Defendant had maintained the Plaintiff’s business registration.

This constitutes a default or tort against the plaintiff, and thus, 20 million won, which is part of the damages suffered by the plaintiff, should be deducted from the amount of claims of the defendant's comprehensive international machinery.

B. The Defendant Jeonbuk Bank Co., Ltd. (hereinafter “Defendant Jeonbuk Bank”) voluntarily lowered the limit of marina loan and terminated the loan period against the agreement between the Plaintiff and the Plaintiff.

This constitutes a tort, and the plaintiff has a claim against the defendant Jeonbuk Bank and has no obligation to pay the above defendant a loan.

2. Determination as to the claim against Defendant’s international integrated machines

A. The number with the evidence Nos. 5 and Nos. 2-12 are numbers.

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