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(영문) 대전지방법원 2017.08.30 2016가단10572

배당이의

Text

1. Of the distribution schedule prepared on March 29, 2016 by the said court in the Daejeon District Court B’s distribution procedure case, against the Plaintiff.

Reasons

1. Presumed facts

A. From April 6, 2015, the Defendant is currently serving as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) from April 6, 2015 to the date.

The plaintiff filed a lawsuit against the non-party company on the claim for the purchase of goods, and during which process the non-party company paid 26,202,410 won to the plaintiff in installments, and the decision became final and conclusive on October 5, 2015, to the effect that the non-party company's deposit claim against the non-party company NongHyup Co., Ltd. (hereinafter "CF") will transfer KRW 13 million out of the deposit claim against the non-party company NongHyup Co. (hereinafter "CF")

B. After that, the Defendant requested the Daejeon District Court 2015TTT 2015TT 14013 for the seizure and collection order of the seized claim as the requested amount of the loan amount of KRW 254,444,425 (which was based on the loan certificate issued by October 23, 2014; hereinafter “first claim”), and the above court accepted the Defendant’s application.

C. The Nonghyup deposited KRW 13,152,379 on the deposit of the non-party company. The Daejeon District Court: (a) premiseded the Plaintiff’s claim KRW 26,234,626 on the distribution procedure for the deposited money (hereinafter “instant distribution procedure”); and (b) based on the premise that the Defendant’s claim was KRW 254,44,425, the Defendant’s claim was KRW 254,985,831; (c) calculated dividends in proportion to the amount of claim calculated in proportion to the amount of claim; and (d) calculated dividends in proportion to the Plaintiff’s claim ratio of KRW 12,985,831, which deducted the interest accrued on the instant deposited money; and (e) written a distribution schedule (hereinafter “instant distribution schedule”) with the Defendant’s claim amount of KRW 11,213,765,06 (90.653%).

On March 29, 2016, the Plaintiff appeared on the date of distribution of the said distribution procedure, and stated an objection against the whole amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on April 4, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments

2. Summary of the plaintiff's assertion

A. The defendant is the representative director of the non-party company and the plaintiff.