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(영문) 대구지방법원 2020.01.21 2019가단120647

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations that engage in the manufacture and sales of electric wires, and D are those who engaged in the wholesale business of electric wires and electric equipment wholesale business with the trade name of “E” and are supplied with electric wires and cables from the Plaintiff and the Defendant.

B. The Plaintiff filed an application for the provisional seizure of claim against D’s claim against D’s F (hereinafter “F”) against the F, etc., 2018Kadan101508, and the Plaintiff filed an application for provisional seizure of claim against F as the claim amount of KRW 21,654,087 with respect to F.

C. In order to preserve D’s claim against DF, the Defendant filed an application for provisional seizure against D’s claim amounting to KRW 50,000,000,00 with the Daegu District Court 2018Kahap2098, which became final and conclusive in the principal lawsuit on the price of the goods at issue, and the claim amount was KRW 266,429,968 when the Defendant filed an application for the provisional seizure and collection order against D’s claim amount to KRW 266,429,968.

As the Defendant requested F to pay or deposit the collection amount, F deposited KRW 21,654,087 to the deposit officer of the Daegu District Court on March 15, 2019, as the Daegu District Court deposited KRW 2019Hun1429,087, and accordingly, the Daegu District Court C’s distribution procedure (hereinafter “instant distribution procedure”) began.

E. In the instant distribution procedure, the Daegu District Court: (a) distributed F KRW 594,00 of the enforcement cost to F in the first order with respect to KRW 21,635,248, May 16, 2019; and (b) prepared a distribution schedule with the content that the remainder is divided in proportion to G Co., Ltd. (10,00,000) and the Plaintiff (21,654,087), the person holding the provisional attachment right, the Defendant (14,039,767), the person holding the collection right, and H (5,33,440). On May 16, 2019, the Plaintiff appeared on the date of distribution, made a statement of objection, and filed the instant lawsuit.

F. On the other hand, on June 7, 2018, D drafted an assignment contract in Chapter IV on the assignment of claims to the Defendant against its third-party obligor, and each of the above contracts is the third obligor and the third obligor.