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(영문) 수원지방법원성남지원 2020.01.30 2019가합403600

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 January 5, 2018, E Co., Ltd. (hereinafter “Nonindicted Company”) and F, an internal director of the said Company, issued a promissory note of KRW 500,000,000 (Evidence A 3) to the Plaintiff on the date of payment.

B. The details of the right to collateral security on each real estate owned by the non-party company 1) on January 2, 2018, each of the real estate listed in the separate sheet owned by the non-party company (hereinafter “each of the instant real estate”).

As to the registration of establishment of a mortgage (hereinafter “mortgage of this case”) was completed on the part of “the maximum amount of the claim amount of KRW 420,000,000, and the debtor F and the defendant of the right to collateral security” (hereinafter “mortgage of this case”).

(2) On January 5, 2018, the Defendant, as the secured claim, on each of the instant real estate on January 5, 2018, withdrawn the allegation as to whether the Plaintiff’s secured claim exists or not.

(Secondary Statement of Pleadings). The registration of the establishment of a neighboring mortgage was completed with the content of "500,000,000 won for the maximum amount of the credit," which is "the debtor F and the plaintiff of the right to collateral security."

C. Voluntary auction 1 regarding each of the instant real estate was initiated upon the application of creditors G by the Plaintiff Company at the time of the application of the Plaintiff Company G (U.S. District Court Branch C, D (Duplicate). In the above auction procedure, each of the instant real estate was sold to H Co., Ltd. on January 31, 2019 (hereinafter “instant auction procedure”).

(2) On the date of distribution on March 28, 2019, the auction court: (a) distributes dividends to the 1st through 6th order of the Mutual Association, J, G and the Gyeonggi Mine Co., Ltd. (the statutory due date until December 10, 2017) among the amount to be actually distributed to the 5,492,359,543 won; (b) the amount to be actually distributed to the 5,49,359,543 won; (c) and (d) the amount of dividends to the 1st through 6th order of the Mutual Association, J, G and the Gyeonggi Mine Co., Ltd. (the statutory due date until December 10, 2017), and (e) prepares a distribution schedule to distribute dividends to the 7th order of the Gyeonggi Mine Co., Ltd. (the instant distribution schedule), Gwangju City, the National Health Insurance Corporation, the Plaintiff, and the Defendant (hereinafter “instant distribution schedule”).