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(영문) 창원지방법원진주지원 2017.04.04 2016가단36375

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. On August 10, 2009, the Defendant filed an application against the Plaintiff for a payment order claiming the payment of loans (hereinafter “instant payment order”) with the Changwon District Court 2009Da3190, Changhae District Court 2009. The above court ordered the Plaintiff to pay “the Defendant shall pay the Plaintiff KRW 20,000,000 and damages for delay.” The above payment order was finalized on September 29, 2009.

B. The Defendant shall pay 250,000 won to the Plaintiff on November 19, 2009 as of the end of each month from December 2009 to November 2015.

“Around October 27, 2016, the Plaintiff paid KRW 18,00,00 to the Plaintiff as a total. (c) On March 15, 2016, upon the instant payment order, the Defendant received the claim seizure and collection order for the Plaintiff’s claim against the Plaintiff regarding the amount of talent education under the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2016No683, 200 won. (d) The Changwon District Court Branch Branch Branch Branch Branch Branch Order 2,718,60 won deposited the Defendant’s claim against the Plaintiff for the aforementioned amount of KRW 160,000,000,000,000,000 to the Plaintiff. On March 27, 2016, the Defendant presented a distribution order for the remainder of KRW 2,712,078,000,000,000 to the Plaintiff.