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(영문) 전주지방법원남원지원 2019.08.21 2018가단610

배당이의

Text

Of the distribution schedule prepared by the above court on April 23, 2018 with respect to distribution procedure C by the Jeonju District Court Southern Branch C.

Reasons

Basic Facts

A. On October 2, 2015, the Plaintiff filed a lawsuit against D seeking “the delivery of the building in Gyeong-si and the payment of unjust enrichment equivalent to the rent therefor in Gyeong-si” under the Daegu District Court racing support 2015Kadan13259.

On January 11, 2018, the above court rendered a judgment that “D shall pay to the Plaintiff 78,045,100 won and 42,045,100 won with interest rate of 15% per annum from January 12, 2018 to the date of full payment.”

B. The Plaintiff appealed as the Daegu District Court 2018Na301563 against the above judgment.

On November 7, 2018, the above court rendered a ruling that "D shall pay to the Plaintiff 153,780,000 won and 100,320,000 won among them, with 5% per annum from January 12, 2018 to November 7, 2018, and 15% per annum from the next day to the day of full payment," on the ground that D acquired profit from the possession and use of the entire building owned by the Plaintiff and caused damages equivalent to the same amount to the Plaintiff, and that the ruling became final and conclusive as is.

(hereinafter referred to as the “instant claim”). C.

On July 26, 2016, the Plaintiff provisionally attached the same deposit claim claim (the claim amount of KRW 12 million) with the same support No. 2016Kadan3240, around August 18, 2016, as the claim claim amount, to DF Co., Ltd. (hereinafter “F”), as the Daegu District Court and the Daegu District Court and racing-Support 201, as the claim amount of this case (hereinafter “F”).

The Defendant filed an application with the Jeonju District Court for the payment order seeking KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(hereinafter “instant payment order” and “the Defendant’s claim” as the basis for the payment order. E.

The defendant against D on March 6, 2018, based on the payment order of this case, was 2018 other bonds217.