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(영문) 울산지방법원 2020.05.08 2018가단17494

배당이의

Text

1. The Plaintiff among the distribution schedule prepared on July 30, 2018 by the same court with respect to the distribution case E in the Ulsan District Court.

Reasons

1. Facts of recognition;

A. On September 16, 2011, the Plaintiff prepared a notarial deed stating that “F, an addressee A, and a date of issuance, if a promissory note causing KRW 20 million is delayed in the payment of the said note, F, upon immediate enforcement, shall be deemed to have no objection thereto.” On December 28, 2015, the Plaintiff was issued a notarial deed with the Ulsan District Court No. 2015-14213, supra, with the amount claimed as KRW 20 million based on the original copy of the said notarial deed, and with respect to a promissory note, the Plaintiff was issued a seizure and collection order with respect to the amount claimed as KRW 20,000,000,000,000 from the original copy of the notarial deed, and with respect to a promissory note No. 3334, Jun. 29, 201; 2012.

On July 7, 2014, the Plaintiff was issued a collection order for F’s claim attachment and collection against H Co., Ltd. based on the original copy of the above notarial deed as the Ulsan District Court 2014TTTT 7677, with the amount claimed as KRW 22 million.

3) On April 5, 2012, the Plaintiff prepared a notarial deed stating that “F shall repay the amount of KRW 40 million borrowed at an annual interest rate of KRW 30% from the Plaintiff on April 5, 2012, up to June 5, 2012, the Plaintiff shall pay damages for delay calculated at the rate of 12% per annum between F and F, and if the Plaintiff fails to perform the said obligation, it shall pay damages for delay calculated at the rate of 12% per annum.” On May 17, 2016, the Plaintiff drafted a notarial deed stating that “it shall be deemed that there is no objection even if it is immediately subject to compulsory execution.” The Plaintiff is based on the original copy of the notarial deed as the U.S. District Court Decision 2016TTTY 47677, May 17, 2016, with the amount claimed as KRW 60,008,750 (principal KRW 40 million, interest, 2008,750