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(영문) 인천지방법원 2020.08.20 2019나60977

배당이의

Text

The judgment of the first instance shall be revoked.

Done by the above court on April 26, 2018 with respect to the distribution procedure case of Incheon District Court C.

Reasons

1. Basic facts

A. On August 24, 2015, E agreed to pay 80 million won to the Plaintiff and F as the price for the goods until August 24, 2016. The E’s wife jointly and severally guaranteed the E’s obligation to pay the price for the goods. 2) On July 20, 2016, F transferred to the Plaintiff the claim equivalent to the amount of its share out of the above commodity price claim, and the said notification was served on E and D on October 4, 2016.

3) On August 7, 2017, D borrowed KRW 50 million from the Defendant, but with interest KRW 1 million per month, D drafted to the Defendant a certificate of loan (hereinafter “the instant certificate of loan”) with the maturity as of August 7, 2018. (b) On the auction procedure and dividend 1), the Gangwon-do Crossing-gun G and 2 parcels owned by D, the decision of voluntary decision of commencement of the H auction was made on March 3, 2017 with respect to the land outside and outside of the Gangwon-do Crossing-gun G and two parcels.

(2) On May 12, 2017, the Plaintiff filed an application for a payment order with Seoul Southern District Court 2017 tea3629 (hereinafter “instant auction procedure”). On May 19, 2017, the said court ordered the Plaintiff to pay to the Plaintiff the amount calculated at the rate of KRW 80 million per annum 15% per annum from the day following the delivery date of the instant payment order to the day of full payment. The said payment order became final and conclusive on July 4, 2017. The Plaintiff received the above payment order from the above payment order on November 15, 2017, 200 to KRW 207,000,000,000,000 from KRW 205,000,000,000,000 from KRW 70,000,000,000,000,000,000). Meanwhile, the Defendant received the above payment order against the Defendant on May 14, 2017, 20175.