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(영문) 인천지방법원 2018.10.25 2017가단222695

배당이의

Text

1. It was prepared on May 24, 2017 by the relevant court with respect to the reporting of the reasons for deposit of the dividend amount by the F enforcement officer of the Incheon District Court.

Reasons

1. Basic facts

A. The Plaintiff is a creditor holding a loan claim (hereinafter “instant loan claim”) against Nonparty G limited company (hereinafter “G”), and the amount of dividends is KRW 150,360,908 [the second attachment authority (the second attachment authority’s promissory note No. 134, 2009, hereinafter “instant authentic deed”) in accordance with the distribution schedule prepared on May 24, 2017 (hereinafter “instant distribution schedule”) prepared by the enforcement officer of the Incheon District Court on the instant case (hereinafter “instant distribution procedure”) concerning Boan H aircraft (hereinafter “instant aircraft”).

2) The Plaintiff was recognized as the Plaintiff.

B. On July 1, 2009, the Plaintiff filed an application for compulsory execution for the instant dividend procedure, and entered “the authentic copy of the instant authentic deed” as executive title; “24,306,344,924 won” as the claimed amount; and attached the detailed details of the claimed amount in the attached Form. The attached Form states that “24,113,891,392 won” and “interest 21,747,845,020 won out of principal principal and interest 21,747,845,020 won as interest 90,56,368 won per annum from July 1, 2009 to July 8, 2009 and principal 21,747,84,845,020 won as the total annual interest 19% from July 9, 2009 to July 17, 2009 to 3194,416,84,197-204,8.

On the other hand, the plaintiff did not make a separate demand for distribution or submit a claim statement even before the final period for demand for distribution of the distribution procedure of this case.

C. Under the premise that the amount of the claim against the plaintiff's G, who is a seizure authority, is KRW 24,306,344,924, the executing court of the distribution procedure of this case shall distribute KRW 150,360,908 to the plaintiff under the premise that the amount of the claim against the plaintiff's G is KRW 24,306,344,924. The execution court of the distribution procedure of this case shall distribute the amount of KRW 150,360,90

[) As a result, 4,618,933 won was distributed to the Defendant Corporation, and as a seizure authority, the Defendant Corporation is the 6,744,740 won and the 2nd seizure authority and the 2nd provisional seizure authority.