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(영문) 서울중앙지방법원 2020.01.21 2018가단5204193
배당이의
Text

1. The defendant B's successor's motion to intervene in the succession shall be dismissed;

2. Seoul Central District Court E.

Reasons

1. Facts of recognition;

A. 1) Defendant Company (F, however, was changed to the current trade name on March 1, 2006)

G Co., Ltd. (joint representative H, I, hereinafter “G”) on January 26, 2006

B) As to the Plaintiff, the Defendant Company concluded an investment contract to invest funds in the Hanwon-gun Tourism Leisure Development Project promoted by G. (2) The Defendant Company agreed to lend KRW 5 billion in total to G (hereinafter “instant loan”) on December 31, 2006 in accordance with the said investment contract, setting the due date for repayment to G on December 31, 2006. The Defendant Company jointly and severally guaranteed the Defendant Company’s obligation to borrow money against G’s representative director and the major shareholder, H, K, and L.

Since then, the defendant company lent 5 billion won to G.

B. The Defendant Company filed a payment order against H to claim payment of the joint and several surety debt with respect to the instant loan with the Seoul Central District Court Decision 2015 tea320457, and the said court issued a payment order stating that “H shall pay KRW 1 billion to the Defendant Company and its delay damages therefrom” (hereinafter “instant payment order”). The instant payment order was finalized on January 8, 2016.

C. 1) H on April 22, 2009, 1/3 shares in the Dongjak-gu Seoul Metropolitan Government M apartment N (hereinafter “instant real estate”) between Defendant C and Defendant C.

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

After the conclusion of the contract, the registration of ownership transfer was completed in Defendant C’s name. 2) The Plaintiff and the Plaintiff filed a lawsuit against Defendant C on the claim for the revocation of fraudulent act against the instant sales contract by Seoul Central District Court 2013Kahap530769, and the said court rendered a judgment on September 18, 2014 that “the instant sales contract is revoked. The Defendant C shall pay to the Plaintiff KRW 130,967,123, and KRW 27,800,410, and delay damages therefor,” and both the Defendant and the Seoul High Court (2014Na2036700) appealed on September 3, 2015.”

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