배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of the dispute
A. On August 29, 2013, the Plaintiff filed an application with the Daegu District Court 2013Kadan2698 for provisional attachment of the claim against D with respect to the claim for the agreed amount of KRW 22,101,50 with respect to D, and received a decision of acceptance from the said court on August 29, 2013.
B. On November 29, 2013, Taesiethyl Korea deposited KRW 22,101,50, which was provisionally seized by the Daegu District Court No. 5828 in 2013 as above, based on Articles 291 and 248 of the Civil Execution Act.
(hereinafter referred to as the “instant deposit”) KRW 22,101,50,000 deposited as above;
The Defendant filed a lawsuit against D against D seeking the return of loans of KRW 30,000,000,000, from the Daegu District Court Branch of 2013da22090. The Defendant’s decision of recommending reconciliation was finalized on September 10, 2013, in which the Defendant paid KRW 30,000,000 from D on three occasions (i.e., November 11, 2013).
The defendant, whose executive title is the Daegu District Court No. 2014TTTT355 with regard to the above decision of recommending reconciliation, applied for a seizure and collection order against D's claim for payment of deposit against the Republic of Korea (a deposit official of the Daegu District Court under its jurisdiction) and received the decision of acceptance on March 18, 2014. The above decision was served on the Republic of Korea as the third debtor around that time.
E. On March 21, 2014, the Defendant collected KRW 22,101,50 from the Republic of Korea based on the above collection order, and reported the above collection to the Daegu District Court on the same day, and deposited the money.
F. On May 27, 2014, the Daegu District Court C, upon deposit of the Defendant’s collection money, commenced the distribution procedure (hereinafter “instant distribution procedure”), and on the date of distribution implemented on May 27, 2014, the said court drafted a distribution schedule with the following contents (hereinafter “instant distribution schedule”).
The plaintiff on the date of the above distribution.