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(영문) 수원지방법원 2017.08.24 2017가단21

배당이의

Text

1. The defendant among the distribution schedule prepared on December 26, 2016 by the said court with respect to the distribution procedure case of Suwon District Court C.

Reasons

1. Facts of recognition;

A. The Defendant asserted that, as Seoul Northern District Court 2016TY 2016TTT10205, the amount of KRW 1.28 billion based on the authentic deed of a promissory note against Nonparty D was the claim amounting to KRW 1.28 billion, and filed an application for the seizure and collection order against the claim amounting to KRW 988,393,804 deposited with the Suwon District Court 2015Kadan200785 for the cancellation of provisional seizure against real estate by the Suwon District Court 2015da630, which was deposited by the Suwon District Court 2015da630, and the above court accepted the Defendant’s application on June 27, 2016.

B. On August 25, 2016, the Defendant received the total amount of KRW 989,345,053, which was the sum of interest calculated by deducting the execution cost from the deposit money in the above D in the distribution procedure conducted to the Seoul Northern District Court E, and was distributed.

C. When the deposit claim to be paid to D was seized, the Republic of Korea’s deposit claim to be paid to D is deposit KRW 19,118,187 in Suwon District Court No. 10684 in 2016.

The distribution procedure was initiated to Suwon District Court C, and accordingly the distribution procedure was initiated.

hereinafter referred to as "the distribution procedure of this case"

(D) On December 26, 2016, the aforementioned court calculated dividends by dividing the amount of the Plaintiff’s credit to KRW 300 million, on the premise that the Defendant’s amount of credit to KRW 1.28 billion, by dividing the amount of credit to KRW 19,109,213, which is the sum of interest after deducting the execution cost from the instant deposit according to the ratio of the amount of credit. The Plaintiff’s dividends to KRW 3,628,332 (18.987%) and the Defendant’s dividends to KRW 15,480,81 (81.013%) (hereinafter “instant dividend table”).

E. On December 26, 2016, the Plaintiff appeared on the date of distribution of the instant distribution procedure and raised an objection to the whole amount of the Defendant’s dividends. [Grounds for recognition] The Plaintiff did not dispute a dispute, A’s evidence Nos. 1 through 5 (each entry, including a serial number, and the purport of the entire pleadings).

2. Judgment on the parties' arguments

A. The plaintiff's assertion on the extinguishment of the defendant's claim shall be decided by the Seoul Northern District Court E, out of the defendant's amount of credit of 1.28 billion won.