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(영문) 수원지방법원 여주지원 2018.01.17 2017가합5104
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. Basic facts

A. On July 9, 2014, the Plaintiff deposited KRW 7,528,969,950 as deposit money for the provisional seizure order on the above provisional seizure order on September 5, 2014 by deposit of KRW 7,528,969,950 (hereinafter “the deposit of this case”) with the debtor’s third obligor, Gyeonggi-do, etc. as the right to preserve the claim (the claimed amount of KRW 7,498,969,950).

B. On September 4, 2014 and September 5, 2015, before the deposit of this case, the non-party corporation obtained a total of KRW 8,580,00,000 from H Co., Ltd. (hereinafter “H”). The Defendants jointly and severally guaranteed part of the above loan obligations against H of the non-party corporation.

C. On November 10, 2016, the Plaintiff filed a lawsuit against Nonparty Corporation as Suwon District Court Branch Branch 2014Gahap206798, and was sentenced by the above court on November 10, 2016 to the effect that “foreign corporation shall pay to the Plaintiff KRW 7,528,969,950, and delay damages therefor,” and the above judgment became final and conclusive on October 25, 2017.

On October 18, 2016, Defendant B (hereinafter “Defendant B”) filed an order for payment of KRW 1,916,29,021 with the Suwon District Court Decision 2016Hu586, Suwon-si, Suwon-si, Seoul Special Metropolitan City, for the purchase price of goods, issued a payment order from the above court on October 18, 2016, and the said payment order became final and conclusive on October 26, 2016.

B On November 14, 2016, by making the claim for the price of the goods against the non-party corporation as the preserved right, the debtor's third debtor of the non-party corporation was subject to a provisional attachment order on the claim against the non-party corporation's third debtor to claim for the recovery of the money of this case (Yan District Court Decision 2016Kadan1826).

E. On November 15, 2016, Defendant C Cooperatives (hereinafter “Defendant C”) claimed the amount of goods payment claim against Nonparty C.

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