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(영문) 창원지방법원 2016.11.09 2016가합52654

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, Changwon District Court 2013, the deposit of KRW 1,029,59,382 in the deposit (i.e., deposit collection claim) for the suspension of compulsory execution (i., the occurrence of a claim for deposit collection) by Sejong P&C Co., Ltd. (i.e., Seoul Western District Court 2013Ma4692, supra; hereinafter referred to as “P&C deposit”) was made in the deposit of KRW 1,029,59,382 as indicated in the case of the suspension of compulsory execution by Changwon District Court 2013Kapo203, Changwon District Court 2013, Nov. 15, 2013.

B. Around January 2014, Sejong Doctrix prepared an executory notarial deed (No. 2, 2014, hereinafter “instant authentic deed”) with the executory power of KRW 1,000,000,000, a creditor Co., Ltd. (hereinafter “IMS”), the amount of credit of KRW 1,000,000,000, and issued it to AIM.

C. ABS, based on the instant notarial deed, issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to KRW 1,029,59,382 out of KRW 1,000,000, out of KRW 1,029,59,382, based on the Changwon District Court 201, on January 15, 2014, issued a claim attachment and assignment order with respect to the claim to recover the deposit amount of KRW 1,00,000 (hereinafter “instant assignment order”). On January 20, 2014, the said assignment order was issued to the Republic of Korea, the garnishee, who is the debtor, on January 20, 2014, and on February 21, 2014.

The transfer of the deposit collection right of IMS was ordered and transferred to the defendant after the attachment and assignment order of the deposit collection right as above, and notified the third debtor to the Republic of Korea around November 201, 2014.

E. On December 23, 2015, Plaintiff A received a claim attachment and collection order (Seoul District Court 2015TTT12082) against KRW 504,190,228 of the claim for the collection of the deposited money of this case, and Plaintiff A received the claim attachment and collection order (Seoul District Court 2015TTTT12082).