배당이의
1. Of the distribution schedule prepared by the said court on February 28, 2014 with respect to distribution procedure cases, the Daegu District Court against the Defendant.
1. Basic facts
A. The Plaintiff filed a lawsuit against D (hereinafter “D”) seeking payment of the goods with the Daegu District Court 2012Kadan19465. On July 11, 2012, the Daegu District Court rendered a judgment that “D shall pay to the Plaintiff 87,365,410 won and 20% interest per annum from May 18, 2012 to the date of full payment,” and the said judgment became final and conclusive around that time.
B. Based on the above final judgment, the Plaintiff filed an application for a compulsory auction against D’s corporeal movables with the Daegu District Court 2012No4005, and the Sejong District Court 2012No. 3995, the Plaintiff filed an application for a compulsory auction against D’s aforementioned corporeal movables with the payment order (Seoul District Court 2012 tea395, the claimed amount: 354,886,950 won, and the amount calculated at the rate of 5% per annum from January 1, 2002 to May 17, 2012, and 20% per annum from the next day to the date of complete payment) against D.
C. On September 26, 2013, the Defendant entrusted D with the preparation of a notarial deed and on September 26, 2013, the notarial deed No. 2601 dated September 26, 2013 (hereinafter “notarial deed of this case”) was written by a notary public stating “the creditor, debtor D, joint and several surety E, debt amount of KRW 1.64,000,000,000 due date, and interest rate of KRW 24% per annum.”
Based on the instant notarial deed, the Defendant applied for a compulsory auction as the Daegu District Court 2013No4895 with respect to the said corporeal movables.
E. In the above auction procedure, after the said corporeal movables were sold, the creditors did not reach a dividend agreement on the date of dividend consultation. On November 14, 2013, the enforcement officer deposited KRW 96,600,000 for the sale proceeds of the said corporeal movables as Daegu District Court No. 2013, 2013, and accordingly, the distribution procedure began under the same court C.
F. On February 28, 2014, the distribution court held the date of distribution in the foregoing distribution procedure.