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(영문) 인천지방법원 2020.06.11 2020가단2648

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. When C Co., Ltd. (hereinafter “C”) is delinquent in national taxes, such as wage and salary income tax, the Defendant attached investment certificates to DFC’s DF (hereinafter “C”) pursuant to the National Tax Collection Act, and the amount of the amount until the amount in arrears among all the rights (dividend and deposit) to the DFC’s DF (hereinafter “DF”) on the securities, and issued a notice of attachment of claims therefor.

The above notification reached the union of this case at that time.

B. The instant association deposited dividends, etc. with the Incheon District Court No. 9693 in 2019. On October 14, 2019, the Defendant seized the amount of the C’s right to claim payment of deposit money until the amount in arrears and sent a notice of seizure of the claim to that effect. The said notice reached the instant association around that time.

C. The distribution procedure was conducted as to the above deposit to the Incheon District Court B.

On January 31, 2020, the above court drafted a distribution schedule with the content that distributes the amount of KRW 679,822,254 to the defendant who is a seizure authority.

The Plaintiff appeared as a designated party on the date of distribution, and raised an objection against KRW 75,173,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the instant distribution on February 7, 2020.

E. Meanwhile, the Plaintiff was selected as the appointed party from E, F, G, H, I, and J. On May 31, 2019, with the claim amounting to KRW 75,173,009 as the return amount of KRW 75,173,009 against C as the claim amount, and received a provisional attachment order (No. 2019Kadan105022) as to the amount equivalent to the claim amount out of the claim amount under the mutual aid agreement with C as the claim amount.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a door-to-door salesman belonging to C, and among the distributed amounts, the Plaintiff included KRW 75,173,009, which the Plaintiff should receive from C pursuant to Article 17(2) of the Door-to-Door Sales Act.