beta
(영문) 인천지방법원 2020.07.02 2018가단272383

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 14, 2016, the Plaintiff was issued a seizure and collection order as to KRW 96,213,696 among the claim for the purchase price of goods against the garnishee I Corporation of the debtor G (H company) (hereinafter “I”) by the Incheon District Court 2016TT24401.

The above decision was served to I on October 19, 2016.

B. Based on the notarial deed with executory power over G, the Defendants received a seizure and collection order of the obligor G’s claim against G with respect to the goods payment claim against G G as stated in the following table, and the above order was delivered to I respectively.

(Seoul Western District Court) A collection order (Seoul Western District Court) 12017TT 934 B 21,937,201 won on September 27, 2017, September 29, 2017, 2017, 2017, KRW 12017T 9347 C 9,908,652 won on September 27, 2017, 2017, September 29, 2017, 2017, 2017, 2017TT 9345 D 18,674,859 won on September 27, 2017, 2017. < Amended by Act No. 14810, Oct. 4, 2017>

I deposited KRW 18,57,091, which was to be paid to G by the Incheon District Court No. 11944 in October 23, 2018 on the ground that the seizure and collection order of the Plaintiff and the Defendants coincide with each other.

Following the execution deposit of I, the distribution procedure was conducted with F of the Incheon District Court (hereinafter “instant distribution procedure”), and on December 21, 2018, the following distribution schedule (hereinafter “instant distribution schedule”) was prepared.

D 10,660,951 won 5,593,71 won 5,711 won 10,637 E 10,67,637 won 10,667 won 5,293,848 won 2,77,637 won 10,660,951 won 5,593,711 won 5,711 won 10,60,000 won 6,000 won 6,000

E. On December 21, 2018, the Plaintiff appeared on the date of distribution, and raised an objection against the Defendants as to the entire amount of distribution, and filed the instant lawsuit on December 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, 8, 9, 10, 15 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion G.