beta
(영문) 전주지방법원군산지원 2019.02.12 2018가단1815

배당이의

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On November 20, 2012, in Seoul Central District Court 2012Kadan5101872 case against the plaintiffs E (the during the lawsuit in this case) and F, "E and F shall jointly and severally pay to the Credit Guarantee Fund 115,328,951 won and delay damages for the amount of KRW 112,946,576." The above judgment became final and conclusive around that time.

Plaintiff

The Korea Asset Management Corporation (hereinafter referred to as the "Plaintiff Corporation") shall, on May 23, 2017, take over claims based on the final judgment of the Credit Guarantee Fund E, and complete the notification of the transfer of claims.

Plaintiff

A The Federation (hereinafter “Plaintiff A”) rendered a judgment on September 21, 2006 that “E shall pay to Plaintiff A the amount of KRW 96,809,477 and damages for delay for KRW 61,343,392, whichever became final and conclusive around that time.”

Defendant B’s winning judgment against Defendants E was rendered a favorable judgment against the Seoul Central District Court 2016Gahap29512, Jan. 11, 2017, that “E shall pay to Defendant B 1,100,000,000 won and 539,55,000 won among them, 539,55,000 won per annum from December 31, 2014 to November 7, 2016, and 15% per annum from the next day to the day of full payment” was finalized at that time by a judgment of winning a favorable judgment against the Defendants, which became final and conclusive at that time.

(hereinafter “Defendant B’s favorable judgment”). On February 10, 2017, Defendant C rendered a favorable judgment with the purport that “E shall pay to Defendant C the amount of KRW 270,000,000 and the amount of KRW 85,00,000 per annum from January 1, 2012 to the date of full payment” against the Jeonju District Court Decision 201Gadan8799, the above judgment became final and conclusive around that time.

(hereinafter the above judgment and Defendant B’s winning judgment are collectively referred to as “each of the instant judgments”). G Co., Ltd. in the course of compulsory auction procedure.