배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Defendant (D) pays to the Plaintiff the amount of KRW 10 million with interest rate of KRW 15% per annum from February 1, 2018 to the date of full payment.
A. On February 14, 2018, the Plaintiff filed a lawsuit claiming a loan against Nonparty D Co., Ltd. (hereinafter “D”) and received a favorable judgment of the Plaintiff with the following content.
(Seoul Northern District Court 2017 Ghana5183). The above judgment became final and conclusive on March 10, 2018.
B. On July 3, 2017, before the filing of the said lawsuit, the Plaintiff applied for provisional seizure of corporeal movables against D on July 3, 2017, and received the decision of acceptance on July 13, 2017.
(Court of Suyang District Court 2017Kadan601).(c)
D On July 6, 2017, a notary public issued to the Defendant a notarial deed of money loan contract for security by means of transfer (hereinafter “notarial deed of this case”) No. 236, 2017.
On July 6, 2017, the above notarial deed contains the purport that the defendant lent KRW 30 million to D on July 6, 2017, and that it provides D-owned corporeal movables as collateral for security to secure this.
Since then, according to the above provisional attachment and the Seoul Northern District Court's ruling, F, another creditor of D, applied for a compulsory auction for each D corporeal movables on the basis of the notarial deed of this case.
E. According to the above compulsory auction, D’s seized goods sold on February 28, 2018 and deposited KRW 37,869,500,000, excluding KRW 630,500,000, out of the proceeds of sale, as KRW 38,500,000, the amount of KRW 37,869,50 was deposited with the District Court of the Republic of Korea District.
F. On June 28, 2018, the distribution procedure was initiated for KRW 37,869,500 with respect to the said deposit to the District Court C, and the distribution schedule was prepared as follows on the date of distribution.
F A A F B G H H G
G. The Plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the Defendant’s dividends.
H. Meanwhile, F, another creditor against D, is against the Defendant at the Seoul Eastern District Court.