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(영문) 창원지방법원 2017.10.19 2017가단7616

배당이의

Text

1. Of the distribution schedule prepared on June 15, 2017 by the said court with respect to the distribution procedure case in the Changwon District Court C, the defendant is against the defendant.

Reasons

1. Facts of recognition;

A. On October 30, 2014, D filed an application for provisional seizure against the Plaintiff by Changwon District Court 2014Kahap379, and the said court ordered D to provide security of KRW 20 million in cash on November 3, 2014.

D deposited cash of KRW 20 million with Changwon District Court 2014Hun-4068 (hereinafter “instant deposit”).

B. On August 27, 2014, D filed a lawsuit claiming an agreed amount with the Changwon District Court 2014Gahap4644 against the Plaintiff, but was dismissed by the said court on June 4, 2015.

Therefore, D appealed with Busan High Court Decision 2015Na21519, but it was dismissed as the above court on April 21, 2016, and the above decision was finalized on May 10, 2016.

C. The Plaintiff filed an application for determination of the amount of litigation costs with the Changwon District Court Decision 2016Kao10145, and was determined by the said court on July 19, 2016 that the amount of litigation costs to be repaid by D was KRW 14,01,584.

As to the right to claim for the recovery of the instant deposit, the Plaintiff received an order for seizure and assignment of claims from the Changwon District Court 2017TTT1521, and notified the Republic of Korea of the said order on March 9, 2017.

On the other hand, on July 19, 2016, the Defendant drafted a notarial deed of a money loan agreement for consumption of money (hereinafter “notarial deed of this case”) with the purport that “D borrowed KRW 254,500,000 from the Defendant on May 31, 2012 as the due date for the repayment of KRW 254,50,000 from the Defendant on July 19, 2016, and if the said loan obligation is not performed, it shall be recognized that there is no objection even if compulsory execution is performed.”

On July 29, 2016, the Defendant issued a collection order as to the right to claim the recovery of the instant deposit under the Changwon District Court 2016TT6398 with the title of execution of the Notarial Deed as the title of execution.

E. When the order of seizure and collection of the instant deposit competes with each other, the Changwon District Court commenced the distribution procedure C. Of the amount actually distributed on June 15, 2017, the date of distribution, the Defendant 18,986 won.