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(영문) 서울중앙지방법원 2017.10.18 2016가단5279629

배당이의

Text

1. Defendant . Of the distribution schedule prepared on November 18, 2016 by the same court with respect to the distribution procedures case in Seoul Central District Court G.

Reasons

1. Basic facts

A. The Plaintiff prepared and received a notarial deed of monetary loan for consumption (No. 465, 2015, Han-gu Law Firm, Han-gu, 2015, where the price for the goods in arrears was overdue due to the transaction of supplying the goods to Nonparty H’s “Iwa” (hereinafter “this case’s Party”), which stipulates that the payment for the goods in arrears shall be paid in installments from H on May 27, 2015.

B. Upon the Plaintiff’s failure to repay the above debt from H properly, the amount of KRW 50,846,610 out of the amount of the unpaid goods on May 26, 2016, the Plaintiff executed a seizure of the corporeal movables owned by H as Seoul Central District Court 2016No2363, and the sale price for the corporeal movables was deposited as Seoul Central District Court 2016No20252.

C. The said deposit commenced the distribution procedure to G of the Seoul Central District Court, and the distribution schedule was formulated in which the amount of KRW 43,235,200 was distributed in the said distribution procedure on November 18, 2016 as follows:

Plaintiff B’s dividends of KRW 219,214,780,780 won 83,035,90,9033.725% of the dividend ratio of the person holding the seizure right, 33.303% of 12.615% of the dividend amount of KRW 3,339,726 won 14,398,548 won 5,453,997 won, 395,474 won 25,496,926 won 20,42,929 won, Defendant C’s dividends of KRW 111,83,035,90 won, 9035,9035,9035,9035,9035, 907, 945% of the remaining dividend amount of KRW 15,539,965% of the remaining dividend amount of KRW 945,1965 won, 2945% of the remaining dividend amount

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendants among the instant distribution schedule.

[Ground of recognition] Defendant B, C, D, and E: The absence of dispute, each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings, Defendant F Co., Ltd.: Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. The assertion and judgment

A. The plaintiff's assertion.