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(영문) 창원지방법원통영지원 2016.08.25 2016가합123

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2015, the Plaintiff filed an application with the Busan District Court for a payment order against E Co., Ltd. (hereinafter “Nonindicted Company”) and F, which issued a payment order with the Busan District Court Branch Branch of the Dong Branch of the Busan District Court for the payment order, and on July 15, 2015, the said court issued a payment order with the effect that “The debtor jointly and severally liable to the creditor for payment of KRW 300,000,000 and the amount equivalent to 6% per annum from July 27, 2013 to July 21, 2015, and 20% per annum from the next day to the date of full payment,” and the said payment order was finalized at that time.

B. On August 6, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) regarding KRW 338,374,678 from among the refund money for expenses incurred in creating forest replacement resources against the ordinary south-do of the non-party company by using the debtor as the non-party company and the third party debtor as the branch court of Changwon District Court 2015, 10376, with the original copy of the above payment order as the executive title, and the said order was served on the non-party company on August 11, 2015 and on August 25, 2015.

C. Since then, on October 14, 2015, the Plaintiff received the claim attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 338,374,678 out of the refund money for the non-party company and the non-party company’s third party debtor as the non-party company and the third party debtor, using the original copy of the above payment order as the executive title. The above order was served on the Republic of Korea on October 19, 2015.

On the other hand, while approving the development plan and implementation plan for the H of G members at the time of the non-party company's grace (the same is deemed to have been granted permission for the diversion of a mountainous district under the Mountainous Districts Management Act), the Do governor imposed the above company a total of KRW 43,382,829,610, which shall be reverted to the National Treasury for expenses incurred in creating forest replacement resources, and KRW 43,382,960, which shall be reverted to the Gyeongnam-do, and the above company paid all of them.

E. On May 28, 2015, the Gyeongnam-do Governor within the project period of the non-party company.

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