배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 21, 2010, the Plaintiff filed an order for payment with the Suwon District Court F Co., Ltd. (hereinafter “F”) with the payment order under the Suwon District Court Branch Branch Order 2010 tea7371, and on October 21, 2010, the Plaintiff received an order for payment stating that “F shall pay to the Plaintiff the amount of KRW 200,000,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment.” The above payment order was finalized on December 8, 2010.
On April 15, 2011, the Plaintiff was issued a seizure and collection order with respect to the purchase price and damages claim that F owns against the third debtor of G, etc. as Seoul Central District Court 2011TTT 13101.
B. On May 16, 2007 between F and H, and the deceased E, the decedent of the Defendants (hereinafter “the deceased”), a notary public signed a notarial deed under a monetary loan agreement (hereinafter “notarial deed”) with No. 49, 2007, as the notarial deed No. 49, 2007.
C. On February 20, 2003, the notarial deed of this case contains a statement that “the creditor (the deceased) lent the amount of KRW 2,900,000 to the debtor, and the debtor (F and H) decided to repay the said amount to the deceased until June 18, 2007. The interest rate shall be 20% per annum, and if the principal or interest is delayed, the delayed interest shall be paid at a rate of 20% per annum for the principal or interest accrued. If the repayment of the principal or interest is delayed, the delayed interest shall be paid at a rate of 20% per annum for the principal or interest accrued. If the monetary obligation under this contract is not fulfilled, the creditor was immediately recognized that there was no objection.”
On July 30, 2007, the Deceased received a collection order for each of the claims, such as the purchase price, etc., that F had against a third party obligor, including G, by the Seoul Central District Court No. 2007TTT No. 201810, Mar. 17, 2010, as the Seoul Central District Court No. 2010TT8722, based on the instant authentic deed.
E. The distribution procedure for third-party debtors, such as G, deposits the F in the future (Seoul Central District Court 2012Ra2260) is the Seoul Central District Court D.