배당이의
1. Of the distribution schedule prepared by the said court on October 7, 2015 in the distribution procedure B case of Chungcheong District Court Chungcheong District Court, the defendant is also the defendant.
1. Basic facts
A. On May 18, 2015, the Plaintiff applied for a payment order for loans to C Co., Ltd. (D Co., Ltd., Ltd., hereinafter “instant company”) pursuant to Cheongju District Court Decision 2015Hu2860, May 18, 2015, and received a payment order for KRW 104,619,707, and the payment order became final and conclusive on June 4, 2015.
Upon receipt of the above payment order, the Plaintiff applied for the seizure and collection order (the requested amount KRW 109,635,562) of the above court as to the claim for the remainder of the construction payment under the contract for the “construction of the E-village Water Pipeline Facilities” to the third debtor of the instant company, the third debtor of the instant company, and received the decision on August 18, 2015. The decision was served on the third debtor on August 21, 2015.
B. Meanwhile, the Defendant applied for a payment order against the instant company under the Cheongju District Court Decision 2015 tea313, and received the payment order on March 30, 2015, which became final and conclusive on April 15, 2015.
Based on the above payment order, the Defendant applied for the attachment and assignment order of the claim against the third debtor of the instant company as the above court 2015TTTT1073 (the claim amount plus KRW 139,068,718,000 and damages for delay until April 16, 2015) with respect to the claim against the above payment order against the third debtor of the instant company against the third debtor of the instant company. The decision was served on April 22, 2015 on the third debtor.
C. In the Cheongju District Court’s distribution procedure B, the said court prepared a distribution schedule to the Plaintiff that distributes the amount of KRW 59,988,304 to be actually distributed on October 7, 2015 to the Plaintiff in the same order of KRW 26,44,464, and KRW 33,543,840 to the Defendant (hereinafter “instant distribution schedule”). This is a pro rata District Court’s distribution of the Plaintiff’s amount of credit against the instant company, KRW 109,635,562, and KRW 139,068,718, based on the Defendant’s amount of credit against the instant company.
The plaintiff raised an objection to the amount distributed by the defendant on the date of distribution, and on October 13, 2015.