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(영문) 창원지방법원 2015.10.13 2014가단22447

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 11, 2012, Plaintiff A drafted a notarial deed that recognizes the absence of objection even in compulsory execution (No. 1228, 2012 No. 1228) by setting and lending KRW 90,000,000 to Nonparty D at an annual interest rate of 8%.

Plaintiff

A Accordingly, as the Changwon District Court 2012TTBT 201, the debtor D and the third debtor D applied for the attachment of claims and orders in whole by Gyeongnam-do. On September 28, 2012, D was issued with respect to wages and retirement allowances held by Gyeongnam-do, and the order reached 10:42 on October 4, 2012 and became final and conclusive around that time.

B. On September 11, 2012, Plaintiff B drafted a notarial deed (No. 218,963,000 won with interest rate of 24% on a yearly basis) stating that there is no objection even if a compulsory execution is conducted in the event that the loan is not repaid (No. 1227, 2012).

Plaintiff

B Based on this, as Changwon District Court 2012TTT 8138, the debtor D and the third debtor D applied for the attachment of claims and orders in whole by Gyeongnam-do. On September 24, 2012, D was issued with respect to wages and retirement allowances held by Gyeongnam-do, and the order reached 10:42 on October 4, 2012 and became final and conclusive around that time.

C. The Defendants received subsequent provisional attachment or collection order for D’s benefits and retirement allowances. D.

On June 25, 2014, Gyeongnam-do deposited KRW 16,777,670 on the grounds that the seizure is concurrent with the Changwon District Court.

(Seoul District Court 2014No. 2242). e.

Changwon District Court distributed the money deposited as above to Changwon District Court C on September 25, 2014, distributed KRW 1,433,759 won to Plaintiff A, KRW 4,594,587 won to Plaintiff B, and KRW 152,441 won to Defendant Ho Card Co., Ltd., a person holding a provisional attachment, and the Defendant Co., Ltd., a person holding a provisional attachment.