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(영문) 의정부지방법원 2020.08.26 2018가단21906

배당이의

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 14, 2010, the Plaintiff leased four motor vehicles for election from the Defendant to KRW 40,480,000 (including value-added tax).

B. However, as the Plaintiff did not pay the above vehicle user fee, the Defendant applied for a payment order against the Plaintiff as the Jungyang-si District Court 201j394, Namyang-si Court 201, and received a payment order from the above court on February 9, 2011, stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from the day following the delivery of the copy of the instant payment order to the day of complete payment.”

The above payment order was finalized on February 26, 2011.

C. Based on the above payment order on July 27, 2018, the Defendant received a seizure and collection order as to the Plaintiff’s claim for the preservation of election expenses against the Republic of Korea as the District Court Decision 2018 other debt 10983.

Accordingly, on October 25, 2018, Korea deposited KRW 62,326,920 as the District Court Decision 201Da4240, and on October 25, 2018, the distribution schedule (hereinafter “instant distribution schedule”) was prepared to distribute the total sum of the deposit and interest to the Defendant.

E. On the date of the above distribution, the Plaintiff filed an objection to the full amount of the Defendant’s dividends, and filed the instant lawsuit on October 31, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 through 4, 6, the purport of the whole pleadings

2. The Plaintiff’s assertion reached an agreement to pay only KRW 24 million to the Defendant and the Defendant a fee of KRW 10 million on September 201, 201. The Plaintiff paid KRW 3 million on November 10, 201, KRW 3 million on March 201, and KRW 10 million on November 5, 201.

Based on this, if the plaintiff calculates the user fee to be paid to the defendant, the principal amount of KRW 11,360,547 and interest of KRW 15,521,036 are total of KRW 26,81,583.

Therefore, KRW 62,356,156, which was distributed to the defendant among the instant distribution schedule, should be reduced to KRW 26,881,583, and the reduced amount should be reduced to the plaintiff.