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(영문) 서울고등법원 2019.01.31 2017나2047220
배당이의
Text

1. The judgment of the first instance, including the conjunctive claim added by this court, shall be amended as follows:

(e).

Reasons

1. Basic facts

A. On September 17, 2015, Plaintiff A’s compulsory execution company (hereinafter “Plaintiff A”) filed an application for provisional seizure with the F.T. share certificates 6,245,603, held by the F.T. In order to obtain a provisional seizure order on October 1, 2015, the Plaintiff A’s compulsory execution order (hereinafter “Plaintiff A”) completed provisional attachment execution with respect to the F.U.S. share certificates 4,410,263 share certificates (hereinafter “instant share certificates”) owned by the F.E. In accordance with the provisional attachment order, the Plaintiff A completed provisional attachment execution on October 13, 2015.

B. On September 30, 2009, the Plaintiff trustee in bankruptcy borrowed 10 billion won from the Plaintiff trustee in bankruptcy as “the normal interest rate of 8% per annum, the delay interest rate of 21% per annum, and the due date of repayment September 30, 2014,” respectively. The Plaintiff trustee in bankruptcy and the Plaintiff trustee in bankruptcy (the representative director of the Dispute Resolution and the E-U.S. trustee of the Dispute Resolution Agreement).

[2] On August 22, 2012, a joint and several guarantee of the above loan debt. The No. 2000, E-B, and H drafted a notarial deed of monetary loan loan agreement (No. 846 of 2012) with the above contents as to the above loan debt (No. 846 of 2012). On the other hand, a notary public was declared bankrupt on March 7, 2012 (the Busan District Court 201Hasan District Court 201Ha1) and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

(3) The plaintiff trustee in bankruptcy filed an application for compulsory execution against the registered common share 4,445,603 shares of the Seoul Western District Court, which was kept in his/her custody in the Seoul Western District Court, with the claim amounting to 9,980,827,396 won on December 2, 2015, and the certificate of monetary loan loan agreement referred to in paragraph (1) as the title of title. The plaintiff trustee in bankruptcy filed an application for compulsory execution against the registered common share 4,445,603 shares, which was kept in his/her custody in the Seoul Western District Court, and on January 11, 2016.

There was double seizure of the share certificates of this case, which were provisionally seized as stated in subsection (1).

C. On December 29, 2015, the Defendant’s compulsory execution 1 of the Defendant (former trade name: V in the case, regardless of whether it is before or after the change of trade name) is the “Notarial Deed No. 80 of Promissory Notes No. 2015 (hereinafter “No. 1 Deed by a notary public”) issued by a notary public is the “No. 1 Deed.”

(2) shall be subject to such agreement.

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