beta
(영문) 대구지방법원 2016.11.24 2015나14929

배당이의

Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Daegu District Court's FDistribution Procedure.

Reasons

1. Basic facts

A. The Plaintiff’s seizure and collection order, etc. 1) The Plaintiff’s notary public, from G, stating that “431,468,500 won was interest rateed by 24% per annum and due date of payment by J on November 13, 2001, and that “G shall jointly and severally guarantee the above loan obligation of J”, is a notarial deed No. 1545, 2007 (hereinafter “first notarial deed”).

on March 3, 2009, the Daegu District Court 2009TTT 3160 (the claimed amount 1,177,046,067), as stated in the separate sheet by G on March 3, 209 (hereinafter referred to as “instant shares”).

2) Nonparty H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)

(3) The dividend paid monthly or non-scheduledly from the Company (hereinafter “instant dividend”).

(2) On April 14, 2011, the Daegu District Court No. 2011, Daegu District Court No. 2011, No. 3665 (the principal of the claim, KRW 176,368,172, interest KRW 764,527), the Plaintiff received a collection order for the seizure and collection of the instant dividends, based on the authentic copy of the No. 471 of the notarial deed (hereinafter “No. 2 notarial deed”) from G, which was drafted by G, as to the instant dividends.

B. On August 16, 2007, Defendant C, including the collection order of the Defendant C’s claim attachment and collection order, was issued a collection order (the amount claimed, KRW 238,267,671 won) with respect to the dividend of this case, by the Jeju District Court under the title of the third notarial deed No. 2492 (hereinafter “third notarial deed”), with the content that “Defendant C, on July 9, 2007, determined and lent KRW 200 million to K with the interest rate of KRW 36% per annum and the due date of payment on August 8, 2007, G as joint and several sureties’s debt guarantee,” and the notary public prepared the notarial deed No. 2492, 2007 (hereinafter “third notarial deed”).

C. As to the instant dividends, the seizure of the Plaintiff and the creditors B, including Defendant C, etc. were concurrent with the instant dividends, the Nonparty Company 1, as Daegu District Court Decision 2967, No. 2012,570,000 won.