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(영문) 수원지방법원 2015.03.19 2014가단28875

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2012, C filed a lawsuit against the Plaintiff and D seeking damages under the Seosan Branch of Daejeon District Court Decision 201Gahap1605, and received a favorable judgment from the said court.

B. On May 30, 2012, the Plaintiff and D filed an appeal under the Daejeon High Court No. 2012Na2215, and filed an application for the suspension of compulsory execution with the same court. On May 30, 2012, the said court rendered a decision to suspend compulsory execution until the judgment of the said appellate court is rendered on the condition that the Plaintiff and D deposit KRW 100,000,000 as security for C with the said court.

C. On June 22, 2012, the Plaintiff borrowed KRW 100,000,000 from E, the husband of the Plaintiff, and on the same day, deposited KRW 100,000,000 for C as the deposit deposit for the suspension of compulsory execution with the Plaintiff and D as a joint deposit.

Daejeon District Court No. 3594, 2010,000 won (hereinafter above 1,00,000 won) D.

Since then, the Daejeon High Court rendered a decision to dismiss the plaintiff and D's appeal in the appellate court No. 2012Na2215, and the above judgment became final and conclusive through the final appeal.

E. As Suwon District Court Decision 2013TTTB2368, C received a seizure and collection order against the Plaintiff and D’s right to claim the collection of the instant deposit against the Republic of Korea, and further, Defendant C seized each of the claims for the collection of the instant deposit money against the Republic of Korea on May 9, 2013, and around September 10, 2013, the Republic of Korea (the additional income tax - 1336) was under the jurisdiction of the Defendant, around September 10, 2013, and around October 8, 2013, the Defendant Republic of Korea (the budget - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

F. As above, the seizure procedure was initiated in Suwon District Court B, and around May 12, 2014, the distribution procedure was initiated in relation to C, the amount of KRW 56,556,483 on the open date of distribution, KRW 902,434 on the date of distribution held around May 12, 2014, KRW 902,434 on the defendant Sungsung-si, and the defendant Republic of Korea [Attachment Income Tax-136] on the Republic of Korea.