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(영문) 의정부지방법원 2018.11.09 2018가합52426
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Agreement of July 13, 2012

1. To request the Seoul Eastern District Court 2012j 3390 (2012s. 838) to pay the following expenses (the creditor, the plaintiff) in the payment order for the transferee gold case;

(a) Gold 2,00,000 won;

B. Damages for delay at the rate of 20% per annum from the day after the original copy of the payment order of this case was served to the day of complete payment.

(c) Expenses for demanding procedures;

2. On July 30, 2010, the creditor of the purpose of the contract obtained a claim of KRW 100,000,000,000,000,000 from the Vietnam-si Development Co., Ltd., and made a provisional seizure (20,000,000,000 won) on October 28, 2010 on the land and building owned by the debtor. In order to smoothly resolve the above matters, the creditor of the contract shall prepare a written agreement.

3. Details of agreement;

A. The above mentioned real estate is currently conducting auction as the case of the voluntary auction of real estate E by the Jung-gu District Court.

B. The Defendant’s claim is specified only for the amount that the Defendant received in the auction under paragraph (1) with respect to all of the claims owned by the Plaintiff. irrespective of the amount of dividend that the Defendant received in the auction procedure, the Defendant’s claim against the Plaintiff is extinguished, and no longer files a civil or criminal objection with respect to the above claim for acquisition.

C. The amount that the Defendant received by the above sub-paragraph (b) is to be lent to the Plaintiff, and the Plaintiff is to pay the Defendant the sum of the leased principal and interest KRW 200,000,000 (hereinafter “the instant transfer money”) after designating the Defendant as the F Area Business Operator.

(1) If the business entity’s designation is delayed for a considerable period (1 year after the delay), the period for repayment of the loan shall be determined after consultation between the plaintiff and the defendant).

The Defendant’s loans to the Plaintiff amounting to KRW 50,00,000 on July 1, 201, and KRW 65,000,000 on August 18, 2012 and KRW 65,00,000 on a total of KRW 65,00,00.

10. 10.

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