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(영문) 수원지방법원평택지원 2019.12.11 2018가단65956
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2016, the Plaintiff filed a lawsuit against Suwon District Court (hereinafter “C”) on the claim for a loan with the Suwon District Court (hereinafter “C”), and the said court rendered a judgment that “C shall jointly and severally pay to the Plaintiff KRW 7865,00,000 and the amount calculated at the rate of 30% per annum from December 25, 2012 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive on July 20, 2016.

B. C and the Defendant jointly promoted F New Construction Project on the ground of the land E in Busan City (hereinafter “instant joint project”) with 40% shares and 60% shares.

Subject matter of the Agreement: the Defendant and C, who are the executor of the E-(F new construction works) in Chungcheongnam-si, Chungcheongnam-si, shall enter into the following arrangements for the above subject matter project:

C In order to implement the above-mentioned subject matter in 2012, KRW 70 million of debt and loss (including KRW 30 million of G repayment) and KRW 330 million of total investment amount deposited in the passbook of the Plaintiff Corporation in 2016 [H 30 million, KRW 10 million, J 150 million, KRW 50 million, KRW L50 million, KRW 280 million, KRW 370 million directly remitted by C] 30 million of total investment amount in consultation with the Defendant at the time of settlement of project costs.

The defendant shall distribute 40% of the profits at the time of the completion of the above subject-matter C.

C. On February 27, 2017, C and the Defendant entered into an agreement with the following content (hereinafter “instant agreement”). D.

Based on the instant judgment, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) on January 19, 2018, stating that “the amount to be paid by C and the Defendant F (hereinafter “F”) pursuant to the agreement entered into with respect to the new construction project (hereinafter “instant commercial building”) of the debtor C, the garnishee, the Defendant, the 198,053,945 won (principal principal KRW 78,650,000, damages for delay KRW 119,073,945, and enforcement cost KRW 330,000)” and “the amount to be paid by C and the Defendant to F (hereinafter “F”) pursuant to the agreement entered into with respect to the new construction project (hereinafter “C”) of the commercial building.”

3.2

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