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(영문) 광주지방법원 2017.12.14 2016가합2095
손해배상(기)
Text

1. Defendant B: 15,00,000 won for the Plaintiff (Appointed Party); 2,500,000 won for the appointed Party D; and 45,000,000 won for the appointed Party E;

Reasons

1. On the basis of facts: (a) 1 Plaintiff 30,000,000 loans from Defendant B’s creditors (won) Nos. 1 to 30,000,000 loans from Defendant B; and (b) 90,000,000 140,000 G G 140,0000 5,000 6 140,000 6 82,000,000 7 162,000,000 162,000,000 for Defendant B 160,000,000 in total; and (c) 62,000,0000

A. (1) The Plaintiff, the designated parties, and Defendant B lent the money as indicated below to the debtor J (the representative director of the K Agricultural Partnership), K farming association, L farming association, and M farming association (hereinafter “instant debtor”) with respect to the raising of fish.

(2) Around January 15, 2013, the Plaintiff and the designated parties agreed to transfer each of the instant loans held by the Plaintiff and the designated parties to Defendant B (hereinafter “instant agreement on the assignment of claims”) in order to collect each of the instant loans against the instant obligors.

B. (1) On January 29, 2013, Defendant B, along with N andO, as the representative of another creditor, filed an application for provisional attachment against LAF P and 16 parcels of Gyeonggi-si, Gyeonggi-do, which are owned by LAF under the control of Suwon District Court 2013Kadan193, and the said court issued a provisional attachment order on February 1, 2013 (hereinafter “instant provisional attachment order”).

(2) The registration of the instant provisional seizure was cancelled on July 12, 2013 on the grounds of cancellation on July 2, 2013.

C. (1) On March 8, 2013, Defendant B, along with N andO, filed a lawsuit claiming acquisition amount of KRW 2,157,00,000, including each of the instant loans, with the Gwangju District Court 2013Gahap2179 (hereinafter “instant lawsuit claiming acquisition amount”).

(2) Defendant B submitted a written withdrawal of the lawsuit around May 3, 2013, and N andO submitted a written withdrawal of the lawsuit around May 8, 2013, and the instant claim for the transfer money was concluded by the withdrawal of the lawsuit.

(1) L.C.

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