배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) received a decision of commencing rehabilitation (hereinafter “decision of commencing rehabilitation of this case”) from the Daegu District Court 2017 Gohap124 on July 7, 2017, and E was appointed as a custodian.
Since June 5, 2018, the Daegu District Court abolished the rehabilitation procedure for B on June 5, 2018, and appointed the defendant as the bankruptcy trustee on June 20, 2018 when the bankruptcy was declared against B.
(Tgu District Court 2018 Congress 6). (b)
On the other hand, on July 15, 2017, the Plaintiff entered into a gold-type production and supply contract with B manager E (hereinafter “instant contract”) with KRW 60,000,000,000, and delivered the said gold-type, but did not receive the payment. On February 12, 2018, the Plaintiff received a decision of provisional seizure against the claim against B manager E’s F Co., Ltd. (hereinafter “F”) with the claim amount as the claim amount. < Amended by Act No. 2018Kadan255, Jun. 25, 2018>
Since then, the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods under the instant contract, and the Seogu District Court rendered a judgment on December 12, 2018 that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from August 21, 2018 to the date of full payment” (hereinafter “instant judgment”), and the said judgment was finalized on December 29, 2018.
On February 1, 2019, the Plaintiff was issued a ruling of the seizure and collection order (hereinafter “instant seizure and collection order”) to transfer the provisional seizure of the above claim to the original seizure by the Ulsan District Court 2019TTTT22, and the said ruling was served on F on February 11, 2019.
On the other hand, on June 18, 2019, F deposited KRW 21,090,283 as the Ulsan District Court No. 3529 in Ulsan District Court in 2019. As to the instant deposit and interest, the distribution procedure was conducted as Ulsan District Court D with regard to the instant deposit and interest (hereinafter “instant distribution procedure”).
On September 30, 2019, the above court has the full amount of KRW 121,141,059, which was the date of distribution.