배당이의
1. Of the distribution schedule prepared on October 25, 2017 by the said court with respect to the distribution procedure C of the Suwon District Court’s branch court.
1. Facts of recognition;
A. On January 7, 2016, the Plaintiff received a claim attachment and collection order against KRW 98,239,532 out of the electricity supply price claim against the non-party company to the Korea Electric Power Corporation (Seoul Western District Court 2015Na32633) by means of a judgment (Seoul Western District Court 2015Na32633) against D (hereinafter “non-party company”), and the above attachment and collection order was served to the Korea Electric Power Corporation on January 11, 2016.
B. On October 21, 2016, the Defendant received a claim attachment and collection order (hereinafter “instant seizure and collection order”) against the Defendant’s non-party company (Seoul Northern District Court Decision 2014Da62855, hereinafter “instant payment order”) with respect to KRW 696,248,782 out of the power supply price claim against the non-party company’s Korea Electric Power Corporation under the Suwon District Court Branch Branch Branch Branch 2016 Tachi31429, and the instant seizure and collection order was served with the Korea Electric Power Corporation on October 26, 2016.
C. The Korea Electric Power Corporation deposited KRW 73,075,570 of the power supply price for the non-party company under Suwon District Court’s Loan Branch No. 1247, on the ground that the seizure and collection order, etc. of the Plaintiff and the Defendant competes with each other. On October 25, 2017, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the amount of KRW 3,903,548 of the amount to be actually distributed out of KRW 73,060,047 of the amount to be distributed on the open distribution date (C) was distributed to the Plaintiff (the third collection authority), 41,01,109 to the Defendant (the third collection authority) (hereinafter “instant distribution schedule”).
The Plaintiff appeared on the date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and filed the instant lawsuit on October 30, 2017.
[Grounds for Recognition: Descriptions of Evidence Nos. 1 through 4, 6, and the purport of the whole pleadings]
2. Determination
A. The Plaintiff 1’s assertion by the parties is the representative of the non-party company, and thus, the non-party company’s audit should be made.