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(영문) 부산지방법원 2019.05.03 2017가단327122

배당이의

Text

1. Defendant .. of the distribution schedule prepared by this Court on August 28, 2017 with respect to the Busan District Court E-distribution Procedure case.

Reasons

1. Basic facts

A. In order to preserve the claim for oil price against F Co., Ltd. (hereinafter “F”), the Plaintiff provisionally seized the deposit claim against F Co., Ltd. (hereinafter “F”) by Busan District Court 2014Kadan3863, and F deposited KRW 100,000,000 as Busan District Court 2014.

B. On May 25, 2017, the Plaintiff filed a lawsuit seeking payment of oil price with F on the upper debt, and was sentenced by the Busan High Court (2016Na58690) to “F paid USD 140,520 to the Plaintiff.”

C. Based on the above Busan High Court Decision 2016Na58690, the Plaintiff received a collection order for the claim to recover the deposit amount of KRW 100,000,000 deposited by F based on the executory declaration of provisional execution (hereinafter “the claim for the instant deposit company”) from Busan District Court 2017TTTT 55059, and the original copy was served on the Republic of Korea on June 26, 2017.

Defendant B (hereinafter “Defendant Company”) received on June 14, 2017 the order of seizure and collection as to the claim to recover the deposit of this case under the Busan District Court 2017TTTT8664, based on the authentic copy of the No. notarial deed No. 2266 prepared by H by a notary public, which was executed by H, and the authentic copy was served on the Republic of Korea on June 19, 2017.

E. On June 15, 2017, Defendant D received a seizure and collection order as to the right to claim the deposit of this case under the Busan District Court 2017TTTT868, based on the authentic copy of a notarial deed No. 230, 2017, written by H, which was executed by a notary public, by a law firm H, and the authentic copy was served on Korea on June 19, 2017.

F. Accordingly, the depository of the Busan District Court was initiated with the Busan District Court E-distribution procedure on the grounds of attachment competition, and the said distribution procedure was first in order of 100,350,577 won, which was to be actually distributed on August 28, 2017.