logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.22 2016가단34566
전부금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the former president of the non-party D association (hereinafter “non-party D association”), and the Defendants are directors or auditors of the non-party association.

B. On June 9, 2016, at the conference of representatives, the non-party union made a resolution to the effect that “the non-party union shall raise cash or land from its members as fund for the operation of the association, but if 100 million won is not gathered by July 31, 2016, it shall return the money again” (hereinafter “the resolution of this case”).

C. By July 31, 2016, E, etc., a member of the non-party union deposited KRW 75,000,000 in total with the national bank account (Account Number F) in the name of the Defendants in relation to the instant resolution.

On July 25, 2016, the Plaintiff was issued an attachment and assignment order (hereinafter “instant attachment and assignment order”) against the Defendants of the Non-Party Union as the claim claim amounting to KRW 200 million out of KRW 4,242,763,464 based on the original copy of the payment order (No. 2014Da4904), which was issued against the Non-Party Union (hereinafter “instant claim attachment and assignment order”) under this Court No. 2016, July 25, 2016.

E. On July 28, 2016, the instant order of seizure and assignment was served on the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 through 4 (including paper numbers), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Defendants’ assertion 1) The summary of the Plaintiff’s assertion should pay to the Plaintiff the money stated in the purport of the claim in accordance with the instant claim attachment and assignment order. 2) The Defendants’ assertion are obliged to return the sum of KRW 75,000,000 deposited in the national bank account (Account NumberF) according to the instant resolution to the members E and so there is no claim subject to seizure and assignment order of the instant claim.

B. We examine whether there is a claim subject to seizure and assignment order of this case, and there is no evidence to acknowledge it, but rather there is no evidence to acknowledge it.

arrow