beta
(영문) 서울중앙지방법원 2016.11.29 2016가단67005

배당이의

Text

1. With respect to the distribution procedure case B by the Seoul Central District Court, the distribution schedule prepared by the said court on May 27, 2016 is relevant.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C, golf membership attachment and sale order, etc. 1) The Plaintiff: (a) 13 golf membership accounts (members E, F, G, H, I, I, and 1) of which the amount claimed against C is KRW 237,50,000 and which C holds against D by the Seoul Central District Court 2013Kadan506.

J. On February 21, 2013, K, L, M, N,O, P, and Q obtained a provisional attachment order as of February 21, 2013, the Seoul Central District Court 2012Gahap54204, which was brought against C by the Plaintiff as the principal lawsuit of the provisional attachment case, was sentenced to a favorable judgment on June 20, 2013, that “C shall pay to D and each Plaintiff 237,50,000 won with 20% interest per annum from January 23, 2013 to the day of full payment,” and the said judgment became final and conclusive thereafter.

3) Based on the above final judgment, the Plaintiff applied for the seizure of golf membership membership to which the above provisional seizure was transferred to Seoul Central District Court 2013TTT25718. On August 13, 2013, the Plaintiff was ordered to attach KRW 237,50,00 as to the above provisional seizure portion of KRW 25,767,123 as to the above golf membership 13 units of this case. The above seizure order was served on D around that time. The Plaintiff was issued a sale order on March 14, 2014 on the basis of the above seizure order, as the above court 2013TT3528, in lieu of the principal collection, and the above sale order was served on D on March 15, 2014, with the balance of the principal and interest of KRW 200,000,000,0000,0000,0000,0000.

On December 30, 2010, the Korean bank transferred all of the loan claims to the defendant, and notified the transfer of claims to D Co., Ltd. which is the principal debtor.