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(영문) 수원지방법원 2016.12.06 2015가단54802

배당이의

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

3...

Reasons

1. Facts of recognition;

A. Defendant Sung Jindo had a claim for the amount of KRW 269,950,50,506 at par value (hereinafter referred to as “Nindo”) with respect to the claim for the dispute of this case (hereinafter referred to as “the claim for the dispute of this case”), but the Dando was notified of the assignment of claims, provisional seizure of claims, seizure and collection order as stated in Nos. 1. 1. through 9., the assignment of claims, provisional seizure of claims, seizure and collection order, and the provisional disposition order against the provisional disposition against the disposal of claims on February 7, 2013 by the Seoul Central District Court No. 2714 on February 7, 2013, the deposit amount of KRW 269,950,506 on the deposit amount as the deposit amount of Defendant Sung Jindo or the person receiving the deposit (the transferee), or the person receiving the deposit (the transferee), and the deposit amount of Don Jindo shall be paid for the goods produced by the Dondo.

1. to 1.

9. As mentioned above, the notice of transfer of claim and the notice of provisional seizure order are served as well as the notice of transfer of claim and the notice of provisional seizure order, etc., which are the garnishee, are in a situation in which the validity of the contract for transfer of claim cannot be known, and as there is a competition of claims and thus there is a concern for double payment of the above money to be paid at will, the depositor deposited the above money in accordance with Article 487 of the Civil Act and Article 248(1)

B. On April 22, 2013, the Nando filed a report on the reason of deposit with the Suwon District Court and the F dividend procedure was commenced for the Fando. On December 23, 2014, attached Form 1. Serial 1. Serial 1, attached hereto, prior to the delivery of the order of seizure and collection, the provisional seizure of claims, the seizure and the collection of claims, and the provisional seizure, the transfer of the provisional seizure to the original seizure;

2. As indicated in the record, the provisional seizure claim or the seized claim is nonexistent and thus, the provisional seizure order, etc. is invalid, and the above provisional seizure order, seizure and collection order are concurrent.