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(영문) 창원지방법원통영지원 2016.08.17 2015가단21393

배당이의

Text

1. Of the distribution schedule prepared on March 26, 2015 by the said court with respect to the distribution procedure C case at the Changwon District Court branch branch.

Reasons

1. Basic facts

A. On July 26, 2010, the Plaintiff: (a) received the principal and interest on the D of the Korea Transportation Credit Cooperative; and (b) applied for a collection order for the claim against D’s payment claim that D had against D’s third obligor, by 2010T2768.

B. Defendant A asserted that he lent D KRW 80 million to D on October 1, 2006. On September 23, 2009, Defendant A applied for a payment order with the Changwon District Court 2009j1543, which was issued on September 23, 2009, and the said payment order became final and conclusive on October 13, 2009.

Accordingly, on October 28, 2009, Defendant A applied for a collection order for the seizure and collection of the benefit claim that D had against the third debtor's grace period in this Court No. 2009TT2969.

C. Defendant B asserted that he lent KRW 65 million to D on June 1, 200, and that he applied for a payment order with the Changwon District Court Decision 2009Da1565 on September 28, 2009, and the payment order was finalized on October 20, 2009.

Accordingly, on October 28, 2009, Defendant B applied for the seizure and collection order as to the benefit claim that D had against the third debtor's grace period in this Court No. 2009TT2968.

In December 2014, the macrosisi deposited KRW 17,287,600 from December 2, 2013 to November 2014 with respect to D, on the ground that the collection order conflicts with multiple claims against D, including the Plaintiff and the Defendants.

Accordingly, in this Court C/C distribution procedure for the said deposit (hereinafter “instant distribution procedure”), the distribution schedule was formulated to distribute the amount of KRW 17,285,796 to the creditors, including the Plaintiff and the Defendants, on the date of distribution on March 26, 2015.

The defendant 1,186,593 won, 2,863,656, 2,300 won, 2,863,656, and 25,815,309, are one collection right holders of the National Agricultural Cooperative Federation's dividends in dividend order for creditors' amount of credit.