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(영문) 울산지방법원 2019.05.23 2018가합20893
양수금
Text

1. The Defendant: (a) from January 19, 2019 to January 19, 2019; and (b) from January 32, 986,800 to Plaintiff B, and its amount.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project in Ulsanbuk-gu E, Ulsan-gu, and the Plaintiff A was the Defendant’s director, the Plaintiff B’s auditor, and the Plaintiff C’s president on December 6, 2015.

B. The FF Co., Ltd. (hereinafter “F”) concluded a contract on vicarious execution of administrative services with the Defendant on its behalf. The Defendant, from February 1, 2016 to April 30, 2017, concluded that FF did not pay to F the Defendant interest of KRW 600 million per annum from May 1, 2017 to KRW 9.5% per annum (hereinafter “the instant fee claim”); and F, on April 11, 2017, lent to the Defendant KRW 415 million per annum as the litigation cost with G as the interest rate from April 12, 2017 to September 5 per annum.

(hereinafter referred to as “the instant loan claim”). C.

F was liable to Plaintiff A for each loan of KRW 182,70,000 to Plaintiff B, KRW 200,000 to Plaintiff C, and KRW 180,000,000 to Plaintiff C. However, on December 29, 2017, the Plaintiff A was notified of the assignment of the instant loan of KRW 182,70,000 out of the instant loan claims, and KRW 100,000 out of the instant loan claims, KRW 100,000 among the instant loan claims, and KRW 50,00,000 out of the instant loan claims, and KRW 130,000,000 out of the instant loan claims (hereinafter “transfer of claims”). On January 2, 2018, the Defendant was notified of the assignment of claims and the notification thereof to the Defendant on January 4, 2018.

The plaintiffs provisionally seized the defendant's real estate as the claim amount of the above amount of transfer deposit (Ulsan District Court 2018Kahap10034). The defendant deposited KRW 562,70,000 as the deposit amount for the above provisional seizure (Ulsan District Court 2018 No. 6544), and based on the Ulsan District Court 201, Jan. 18, 2019 upon the seizure and collection order of the above amount of deposit, the plaintiff A was subject to the seizure and collection order of the above amount of deposit. The plaintiff B was KRW 82,70,000,000 on Jan. 3, 2019; the plaintiff C was subject to the seizure and collection order of the above amount of deposit money.

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