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(영문) 수원지방법원 성남지원 2017.03.22 2016가단23150

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 19, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the payment of indemnity, and was sentenced to a favorable judgment of the Defendant that “The Plaintiff shall pay to the Defendant 18,304,114 won and 18,170,184 won among them, 12% per annum from February 19, 2014 to February 26, 2014, and 20% per annum from the next day to the date of full payment.”

B. Although the Plaintiff appealed, on September 17, 2015, the lower judgment of dismissal of an appeal (Seoul District Court 2015Na50811) was rendered, and on January 28, 2016, the lower judgment was rendered on January 28, 2016 (Supreme Court 2015Da243644). The instant judgment became final and conclusive around that time.

C. On June 27, 2016 according to the instant judgment, the Defendant was issued a seizure and collection order (U.S. District Court Sungnam Branch 2016TY 2016TY 5243) to the creditor on June 27, 2016, to which the Defendant, the debtor, the garnishee, and the third debtor, claims in the Republic of Korea, claims in the instant judgment amounting to KRW 26,695,254, and claims to be seized and collected against the Republic of Korea as the Plaintiff’s right to claim the recovery of the amount of deposit at sea against the Republic of Korea. The above seizure

After that, in the distribution procedure (hereinafter “instant distribution procedure”) established upon the Defendant’s application filed in Suwon District Court Branch Branch B, the auction court prepared a distribution schedule stating that the Defendant distributes KRW 17,311,166 to the Defendant on September 23, 2016 (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant asserted false claims against the plaintiff and received the judgment of this case. The defendant's distribution portion among the distribution schedule of this case is illegal. Accordingly, the distribution schedule of this case should be revised to KRW 17,311,166 to KRW 0, and KRW 17,31,166 to KRW 17,31,166 to KRW 17,166.