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(영문) 춘천지방법원 2016.11.10 2015가단9083

배당이의

Text

1. Of the distribution schedule prepared on December 15, 2015 by the said court with respect to the distribution procedure case of the Chuncheon District Court C, the Defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 10, and there is no counter-proof.

On July 31, 2013, the Plaintiff and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) set up a notarial deed of money loan agreement with the effect that a notary public would have no objection against the said principal and interest payment by no later than 500,000,000 won per annum, interest 10% per annum, delay damages, and 30% per annum on December 31, 2013 between the Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) and the Nonparty Co., Ltd. (hereinafter “Nonindicted Company”), and that a notary public would have set up a notarial deed of money loan agreement with the purport that the Plaintiff would have delayed the payment of the principal and interest payment by the Nonparty Co., Ltd. and immediately

B. On July 31, 2013, the Plaintiff deposited KRW 300,000,000 with a notary public, a law firm 210,000, annually, 12% per annum, and damages for delay, to the non-party company. The Plaintiff made installment payments of KRW 20,000,000 as of June 30, 2014 to August 31, 2015, and the non-party company made a notarial deed under a monetary loan agreement with the purport that the non-party company would naturally lose the benefit of time if it delays the payment of the principal and interest, and that the non-party company would have no objection thereto immediately.

C. On October 24, 2013, the Plaintiff seized 20 PP6 THR car group 20 vehicles owned by Nonparty Company for a compulsory auction for movable property held by the Chuncheon District Court 2013No1045 (hereinafter “the subject matter of auction of this case”).

On October 8, 2014, the Defendant prepared a No. 388 through 389 of the No. 389 of the No. 2014 No. 388 through 389 of the No. 2014, and on September 22, 2015, attached the object of the auction of this case to the case of compulsory auction of movable property with the title of execution of the No. 2015No. 753 with the No. 13

E. The subject matter of the instant auction was sold to the public on December 6, 2015, and was above.