배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff supplied content products to C Co., Ltd. (hereinafter “C”) from July 2014 to April 2015, while operating the wholesale and retail business of Mtain products with the trade name “F,” but did not receive KRW 126,927,845 in the price of goods.
B. Accordingly, on August 31, 2015, the Plaintiff filed an order against C to pay the purchase-price for goods with the Seogu District Court Branch 2015Guj2321, and issued a payment order from the said court to August 31, 2015, stating that “The debtor shall pay to the creditor KRW 126,927,845 with the annual interest of KRW 5% from June 3, 2015 to September 4, 2015, and the annual interest of KRW 20% from the next day to the date of full payment,” and the above payment order became final and conclusive as of September 19, 2015 because the Defendant did not raise any objection despite having received the above payment order.
(hereinafter “instant payment order”). C.
On October 1, 2015, the Plaintiff filed an application for compulsory execution to corporeal movables, such as a triton scam, owned by C based on the original copy of the instant payment order, with the Daegu District Court Branch Branch 2015No1650.
On the other hand, as between October 6, 2015, the Defendant: (a) prepared a notarized deed No. 728, 2015 (hereinafter “notarial deed of this case”) with the purport that if C promises to repay KRW 2 billion to the Defendant by October 12, 2015; and (b) fails to perform his/her obligation, a notary public, which recognizes and acknowledges that there is no objection even if compulsory execution was conducted by the Defendant, shall prepare a notarized deed No. 728, 2015 (hereinafter “notarial deed of this case”); and (b) filed an application for compulsory execution of corporeal movables with the Daegu District Court Branch Branch Branch of 2015No1727, Oct. 14, 2015 for corporeal movables owned by C.
E. Accordingly, the compulsory execution against the Plaintiff and the Defendant’s corporeal movables was carried out together as a concurrent case (hereinafter “instant corporeal movables execution”), and during the said execution procedure, C’s corporeal movables were sold in the amount of KRW 68.4 million on December 2, 2015, but the agreement on distribution was reached between the Plaintiff, the Defendant, and the Defendant Company.