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(영문) 인천지방법원 2020.02.12 2018가단272321

배당이의

Text

1. Of the distribution schedule prepared by the said court on December 20, 2018 in the distribution procedure of the Incheon District Court C C, it is against D with regard to the designated parties.

Reasons

1. Facts of recognition;

A. On October 14, 2016, the Plaintiff received a claim amounting to KRW 96,213,696 as to the claim amount against a third-party obligor I Co., Ltd. (hereinafter “I”), and issued a seizure and collection order as to the claim amounting to the goods payment claim that the obligor H had against the third-party obligor I Co., Ltd. (hereinafter “I”), and the said decision was served on the third-party obligor on October 19, 2016.

(Seoul Book) The third debtor on September 27, 2017, 2017, 9348 D 20,545,680 won, September 27, 2017, 2017, September 29, 2017, 2017, 12017, 2017, 2017, 9349 E 14,297,220 won, 200 won, September 27, 2017, 2017, 3017, 2017, 9350, 7,885, 439 won, 2017, 2017, 2017, 2017, 2035, 2014, 2014, 4152 won, 2017, 205, 197, 2017

The Defendant (Appointed Party, hereinafter “Defendant”) and the designated parties (hereinafter “Defendant, etc.”) received a seizure and collection order with respect to the goods-price claim that the obligor H had against the third obligor I as indicated in the following table. The above decision was served on the third obligor, respectively.

C. On June 19, 2018, the Incheon District Court deposited the above amount under [1] No. 6675] No. 2018, Jun. 19, 2018, on the ground that the attachment and collection order of the Plaintiff and the Defendant, etc. was competition with each other with respect to KRW 88,578,568, which should be paid to H.

The distribution procedure of the Incheon District Court C (hereinafter “instant distribution procedure”) was conducted following the execution deposit of I. On December 20, 2018, the following distribution schedule against the Plaintiff, the Defendant, etc. (hereinafter “instant distribution schedule”) was formulated in the said distribution procedure:

D 2, 18,893,813 won, 18,893,813 E 2, E 14,297,220 won, 297,220 won, 7,885,439 won, 12,518,90 won, G 2, G 7,62,694 won, 7,262,694 won, 262,694 won, 109, 496 won, 248, 750 won, 750 won, 12,518,90 won, 12,90 won, 12,518,90 won, and 2,00 won, 12,518, and 750 won. < Amended by Act No. 12135, Mar. 3, 490>