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(영문) 서울남부지방법원 2015.05.13 2014가단17958

배당이의

Text

1. The plaintiff Gap's claim against the plaintiff Gap is dismissed.

2. The costs of the lawsuit are assessed against the Plaintiff’s Intervenor A.

Reasons

1. Facts of recognition;

A. The F issued and delivered the following promissory notes (hereinafter “instant promissory notes”) to the Defendant for the purpose of securing the obligation to borrow KRW 300 million against the Defendant (the issuer is named as “F G of a stock company,” and the F’s corporate seal is stamped thereafter, and at that time the G’s position was the chief operating office), and F and the Defendant drafted a notarial deed to the effect that, on June 13, 2013, a notary public issued and delivered to the Defendant, at the time of the delayed payment of the amount of the promissory notes as stipulated in No. 494, a certificate 2013, a certificate with the intent to recognize a compulsory execution against the holder of the said promissory notes.

o Recipient: The issue date of defendanto on June 30, 2010: Fo on June 30, 2013: 300 million won

(b) Korea deposited F with Seoul Southern District Court KRW 30 million as Seoul Southern District Court KRW 2012Hun1939 on the ground of the competition of creditors with F.

C. In the case of distributing the claim to the above deposit (Seoul Southern District Court E; hereinafter “instant distribution procedure”), B, based on the Seoul Southern Southern District Court Decision 2012TTTT 15592, the attachment and collection order (the debtor F, the third debtor, the amount of credit: 3,057,017 won) and the network A, based on the Seoul Southern District Court Decision 2013TTT 11293, and the collection order (the debtor F, the third debtor, the amount of credit: 500,000 won) and based on the decision of Seoul Southern Southern District Court 2013TTT 13865 and the collection order (the debtor F, the third debtor, the amount of credit to the Republic of Korea, the amount of credit to the Republic of Korea: 300 million won).

The distribution court set up a distribution schedule (hereinafter “instant distribution schedule”) that distributes dividends of KRW 49,648 to B, KRW 81,204 to the network A, and KRW 4,872,218 to the Defendant.

E. The deceased A appeared on the date of distribution of the E dividend procedure case held on March 21, 2014, and raised an objection to the total amount of the Defendant’s dividends out of the instant distribution schedule, and filed the instant lawsuit on March 28, 2014.

F. The net A shall be the case.