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(영문) 제주지방법원 2016.02.18 2015가합10772
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff’s preserved claim Plaintiff on May 2, 2012 (hereinafter “Lease”)

(2) On February 18, 2013, Jeju District Court filed a lawsuit against the Plaintiff for the revocation of fraudulent act under the Jeju District Court 201Gahap5120, and on February 18, 2013, the said court rendered a judgment that “The Plaintiff shall jointly and severally pay to the Plaintiff KRW 530,821,40 and KRW 527,258,40 per annum 15% per annum from September 13, 2012 to October 4, 2012, and KRW 20% per annum from the next day to the day of complete payment,” and the said judgment became final and conclusive around that time.

on February 21, 2011, the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with a claim of KRW 600,000,000 for lease or loan as indicated in the separate sheet.

2) Provisional attachment (No. 2011Kahap61, hereinafter referred to as "the provisional attachment of this case")

(2) On July 14, 2011, the above decision was delivered to the Lease or Service on March 11, 2011. (b) The Korea Food Co., Ltd. (hereinafter referred to as “Korea Food Co., Ltd.”) entered into an agreement on the acquisition of the business (hereinafter referred to as “the acquisition of the business in this case”) with the content of taking over milk processing business from Lease or from the Food Co., Ltd., and the Defendant succeeded to the agreement on the acquisition of the business in this case around May 31, 201.

C) Under the instant contract for the acceptance of business, the Defendant completed the registration of transfer of ownership on the instant real estate on September 1, 201, and agreed to pay the price for the transfer, the Defendant, in accordance with the outcome of the instant lawsuit on the merits relating to the provisional seizure, to pay the remainder after subrogated repayment of the debt to the lease or lease according to the outcome of the lawsuit on the instant merits. 3) The details of the instant collection order are as follows: (a) the Plaintiff, based on the judgment of February 18, 2013, the claim amounting to KRW 447,741,40 as the amount of KRW 447,741,40 as the Plaintiff’s claim amount on March 24, 2014.

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