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(영문) 수원지방법원평택지원 2020.06.04 2019가합15146

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 July 2019, the Plaintiff asserted that B had not been paid KRW 1,923,270,705 with respect to the principal and interest of the loan to B, and filed an application with the Seoul Central District Court for a payment order for partial payment of the principal and interest of the loan to B. On July 23, 2019, the said court confirmed that “B shall pay to the Plaintiff 1,04,461,114 and 626,783,689 won among them, with respect to KRW 11% per annum from May 21, 2019 to the date of delivery of the authentic copy of each payment order, and KRW 12% per annum from the next day to the date of repayment (hereinafter “instant payment order”).

B. 1) On the other hand, B Co., Ltd. (hereinafter “D”) around 2014 around 2014.

(2) On September 5, 2018, the lower court rendered a judgment that partly accepted the claim of the Seoul High Court 2018Na2056030 against Suwon District Court 2014Gahap7282, and that “D shall pay to B 6% per annum from October 17, 2013 to May 1, 2019, and 15% per annum from the next day to the date of full payment” (hereinafter “instant construction price judgment”). The lower court rendered a judgment that “D shall pay to B 217,692,329 won, and interest calculated at the rate of 15% per annum from the next day to the date of full payment” (hereinafter “instant construction price judgment”).

On May 18, 2019, the said judgment became final and conclusive on May 18, 2019. Meanwhile, B, on November 7, 2018, the debtor D and the third debtor E (hereinafter “E”) as the debtor D and the third debtor (hereinafter “E”).

2) As to the claim against D’s deposit claim against D, the collection order for the seizure and collection of the claim (hereinafter “instant collection order”).

(2) On May 2019, the Plaintiff was paid the principal and interest of the loan to B.