배당이의의소
1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On February 10, 2014, the Plaintiff agreed to return the amount of KRW 600 million to the Plaintiff by November 10, 2014. Accordingly, the Plaintiff drafted a notarized copy of the notary public’s Coffice’s written statement on the amount of KRW 600 million (200 million) to the Plaintiff.
E. E.S. Korea’s transfer of claims to D on April 1, 2015 (hereinafter “instant claims”) transferred the remainder of claims for the return of money, other than national taxes, local taxes, public charges, etc., from among claims for the return of investments deposited by E.S. Korea in the Korea Special Aid Association (hereinafter “instant claims”), to D on April 1, 2015 (hereinafter “instant contract for the transfer of claims”), and the notice of the transfer by the content-certified mail reached the Korea Special Aid Association on April 7, 2015.
On the other hand, on March 25, 2015, the Defendant was issued a provisional seizure order on the instant claims with the claim amounting to KRW 40,226,180 as Cheongju District Court 2015Kadan314, and the provisional seizure order on the said claims reached the Korea Special Sales Financial Cooperative on March 30, 2015.
On April 24, 2015, the Plaintiff received a seizure and collection order on the instant claim with the amount claimed as KRW 600 million by Daejeon District Court 2015TTTT 5688. On April 28, 2015, the said seizure and collection order (hereinafter “instant claim seizure and collection order”) reached the Korea Special Sales Mutual Aid Association on April 28, 2015.
In addition, when the seizure, assignment, etc. of claims of the Plaintiff, the Defendant, and other creditors conflict with respect to the instant claims as indicated in the following table, the Korea Special Sales Mutual Aid Association of Daejeon District Court 2180, May 7, 2015, 138,243,388 won, excluding the amount of mutual aid funds, unpaid mutual aid fees, national taxes, and deposit expenses, from the amount of KRW 460,000,000 investment of the Es.S. Korea, as of May 7, 2015.