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(영문) 광주지방법원목포지원 2019.10.16 2016가단54955

배당이의

Text

1. Of the distribution schedule prepared on October 19, 2016 by the said court with respect to the distribution procedure C case of the Gwangju District Court Gwangju District Court.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff entered into a contract with D Co., Ltd. (hereinafter “debtor Co., Ltd.”) to sell 334 tons of sun-dried salt owned by the Plaintiff in the Yannam-gun E-gun (hereinafter “instant sun-dried salt”) at KRW 150,30,000 (hereinafter “instant contract”). Around that time, the Plaintiff delivered the instant sun-dried salt to the debtor company.

Pursuant to the instant sales contract, the debtor company paid the Plaintiff a down payment of KRW 15,030,000,000 among the remainder on December 10, 2014, and KRW 53,000,000 among the remainder on December 21, 2014, and the remainder of KRW 82,270,000 for the purchase price (hereinafter “sale price”) was not paid.

B. The Plaintiff filed an application for provisional attachment of corporeal movables against 334 tons of the instant sun-dried salt purchased from the Plaintiff by the debtor company, which was kept in the open storage place of sun-dried salt located in the new military located in the Jeonan-gun, Jeonnam-gun (hereinafter “the instant open storage place”), with the purchase price of the instant case as the preserved claim, and the provisional attachment of the instant sun-dried salt was executed on July 2, 2015 based on the provisional attachment order issued by the said court.

(F) The sun-dried salt purchased by the debtor company in the open site of this case and stored in the open site of this case shall be managed in the new field, and as the quantity of the sun-dried salt is large, the name of the seller was stated and affixed thereto).

C. Around June 17, 2015, the Plaintiff filed a lawsuit seeking the payment of the instant purchase price against the debtor company as Seoul District Court Branch Decision 2015Kadan5228, and the said court rendered a judgment on March 16, 2016 that “the debtor company shall pay to the Plaintiff KRW 82,270,000 and its delay damages” (hereinafter “instant civil judgment”), and on May 4, 2016, the instant civil judgment became final and conclusive.

On the other hand, the debtor company and the defendant company around March 3, 2016 (the next day of the closing of the civil judgment in this case), and the next debtor company.