배당이의
1. Of the distribution schedule prepared by the said court on September 17, 2018 with respect to distribution procedure C by the Seogu District Court Branch Division C.
Basic Facts
On November 8, 2017, the Plaintiff filed a lawsuit against the non-party company on the basis of the claim for the purchase price of goods against D Co., Ltd. (hereinafter “non-party company”) with this Court No. 2017 Ghana34294, and received a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) from this Court that “the Defendant shall pay to the Plaintiff KRW 5,767,210, and damages for delay therefrom” (hereinafter “the decision on performance recommendation of this case”). The decision was finalized on November 28, 2017.
On January 2, 2018, the non-party company: (a) a notary public issued by the non-party company under subparagraph 2 of Article 2018 of the Ehap Law Office; (b) on December 10, 2016, the Defendant lent KRW 380 million to the non-party company to the non-party company on a yearly fixed rate of 20% per annum; and (c) on April 30, 2017, the due date for repayment was April 30, 2017; and (d) the non-party company created a notarized deed of debt repayment contract with the purport that the non-party did not raise any objection even in compulsory execution (hereinafter “instant authentic deed”).
On March 9, 2018, the Plaintiff filed a request for auction of the corporeal movables owned by Nonparty Company with the title of the execution decision of the instant performance recommendation, and the auction procedure was carried out in this court. The proceeds from the sale of corporeal movables was deposited as the court No. 1351 of this Court.
From this court’s distribution procedure (A) to September 17, 2018, the remainder of 18,065,507 won, excluding the execution cost, from the total amount of interest accrued from the proceeds of sale, was distributed in the same order of priority. Among them, the main contents relating to the distribution of the Plaintiff and the Defendant are as follows:
The Plaintiff 6,255,489,230 Plaintiff 6,255,481, who was seized by Defendant 1, 380,000,000 9,065,271, 271, raised an objection against KRW 6,106,218 out of the dividend amount against Defendant on the date of distribution.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, and the parties' assertion to the purport of the whole pleadings.