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(영문) 창원지방법원진주지원 2017.11.15 2016가단9601

배당이의

Text

1. The plaintiff's main claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 12, Eul evidence No. 1 and 2 (including branch numbers, if any).

The plaintiff is a corporation that carries out civil engineering construction business, reinforced concrete construction business (the representative director D or the actual representative is the husband E), and the non-party company is a corporation that carries out civil engineering construction business, housing construction business, etc.

B. (1) On February 7, 2011, the Plaintiff and the non-party company drafted an authentic deed of a monetary loan agreement for consumption, stating that “The creditor under Article 1 (Purpose) lent the Plaintiff to the obligor an amount of KRW 742,965,000,000,000,000,0000,000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(2) On November 21, 2011, Nonparty Co., Ltd. listed in the list of investment certificates, based on the investment certificates held against the Construction Mutual Aid Association (hereinafter “instant investment certificates”), the attachment decision accepting the Plaintiff’s application for seizure against Nonparty Co., Ltd. as the debtor, the Construction Mutual Aid Association as the third debtor (the Changwon District Court Jinju Branch 201TT 6292 order for seizure of investment certificates; hereinafter “instant attachment decision”).

The order of the seizure order of this case shall be subject to the seizure of the shares of members based on the investment certificates as stated in the attached Form which the debtor has against the third debtor.

A garnishee shall not distribute profits, return contributions, or distribute the remaining properties to the debtor with respect to such shares.

An execution officer entrusted by the creditor shall receive the said contribution certificates from the debtor and keep them in custody.