배당이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The judgment of the court of first instance rejected the primary claim and accepted the conjunctive claim for the transfer of the right to claim payment of deposit money deposited as dividends against the defendant in the preliminary return of unjust enrichment by the plaintiff seeking correction of the distribution schedule pursuant to the distribution distribution in the first instance court.
Since the defendant appealed only against this, this Court decides to judge only the conjunctive claim.
2. Basic facts
A. The Plaintiff between the Karaban Co., Ltd. (hereinafter “Karaban”) and the Karaban (hereinafter “Karaban”), ① Loans 500 million won to the Karaban on July 31, 2013 by December 31 of the same year (30% per annum of delay damages) with the interest rate of 10 million won until July 31, 2013, but, if the Karaban delays the payment of the principal and interest, it naturally loses the interest due, and if the Karaban is immediately subject to compulsory execution, it shall lose the interest due, and even if it is immediately subject to compulsory execution, it shall be deemed that there is no objection (hereinafter “50 million won Notarial Deed”), ② Loans 30 million won per annum interest rate of 30 million won per annum (30% per annum of delay damages), the Plaintiff shall be immediately divided from June 30, 2014 to August 21, 2015 by the end of this month.
The notarial deeds in the monetary loan agreement to this effect were written respectively (hereinafter referred to as “30 million won notarial deeds,” and in total “each of the notarial deeds in this case”).
On July 31, 2013, the Plaintiff entered into a transfer security agreement with the Karaba T in order to secure the claim based on each of the instant notarial deeds with the Karaba Twit 30 units (hereinafter “the Karaba group”) holding the Karaba T. Around that time, the Plaintiff entered into a transfer security agreement with the Karaba T. 30 units (hereinafter “the Kaba group”). A transfer security right against the Kaba T. by means of possession amendment.