배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
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 received a seizure and collection order on the purchase price and damages claim that F owns from a third party debtor, G, etc., as Seoul Central District Court 2011TTT 13101.
B. On May 16, 2007 between F and H, and the deceased C, the inheritee 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 a law firm I’s notarial deed (hereinafter “instant notarial deed”).
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. In the event of failure to perform the monetary obligation under this contract, the creditor immediately recognized that there was no objection.”
On July 30, 2007, the Deceased received a collection order for each of the above claims against the third obligors, including G, by the Seoul Central District Court 2007TTT1810, and by the court 2010TT8722 on March 17, 2010.
E. The third-party debtors, including G, deposited the amount of credit in the F future, and the distribution procedure was carried out as Seoul Central District Court E, and the said court on November 2015.