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(영문) 서울남부지방법원 2019.05.02 2018가단261197
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on October 8, 2018, based on the payment order issued by Seoul Southern District Court 2018 tea7498.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company engaged in the business of producing leather products, etc., holds shares of E Co., Ltd. (Representative D; hereinafter “Nonindicted Company”) holding 100% of the shares of Co., Ltd. (Representative D; hereinafter “Nonindicted Company”) in the Gansung Industrial Complex (hereinafter “Ksung”) against D. In its inside, the Plaintiff and D operated the said business from around 2015 to the Gansung Corporation by independently managing assets, such as factory facilities and human resources, by dividing them into half.

B. The Plaintiff received raw and secondary materials from the Defendant from around January 2015 to January 2016.

C. On February 2016, the closure measures by the Seocho-gu Government around early 2016, the Plaintiff was unable to produce leather products within the Gesung Corporation, and the Plaintiff was unable to remove raw and secondary materials supplied by the Defendant and stored within the Gesung Corporation, thereby causing damage to both the Plaintiff and the Defendant.

On July 2016, the non-party company received the first subsidy of KRW 1,518,411,959 from the Gsung Industrial District Support Foundation, and paid KRW 500,000,000 among them on July 26, 2016.

On August 26, 2016, the Plaintiff paid the Defendant KRW 91,320,142 out of the above KRW 500,000,00.

Since then, the Plaintiff asserted that KRW 1,092,343,454 out of the aforementioned first subsidy of KRW 1,518,41,959, which was paid to Nonparty Company from the Gsung Industrial District Support Foundation, was the Plaintiff’s share, and claimed to pay the remainder of KRW 592,343,454, excluding the amount already paid KRW 500,000,000,000, and was sentenced to the judgment of winning the Plaintiff as of December 22, 2017, the said judgment became final and conclusive on September 14, 2018.

According to the above judgment, the Plaintiff received the claim for the second subsidy against the Republic of Korea of the non-party company from the Daejeon District Court on January 10, 2018 as the claim attachment and collection order issued on April 24, 2018, and received KRW 387,657,446 in the distribution procedure.

The plaintiff is the plaintiff.

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