beta
(영문) 대구지방법원 2018.04.12 2017가합204036

배당이의

Text

1. Of the primary claims of this case, the amount of dividends of Defendant B’s third party on each real estate listed in the separate sheet Nos. 4, 5, and 6.

Reasons

1. Basic facts

A. On January 13, 1998, K Co., Ltd. (hereinafter “K”) 1), I, the Network J, Defendant B, and G

(ii)each immovable property listed in [Attachment I] and 2 of the Schedule of Ownership (hereinafter referred to as “distribution 1”);

Machines and apparatus described in paragraphs 3 and 3 (hereinafter referred to as “distribution 2”).

(2) On April 29, 200, Defendant B completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 3,000,000 on the ground of the contract as of January 12, 1998. (2) Defendant B filed an application for payment order ( Daegu District Court 2004 tea12918) against K to pay the guaranteed debt, and on April 29, 2004, “K received the payment order (which was calculated at the rate of KRW 8,988,420,172 from the Daegu District Court as of January 21, 2004 to the Defendant B and the payment of KRW 3,223,00,00 from January 21, 2004 to the day of full payment, and the above payment order (hereinafter “payment order as of April 29, 2004”), which became final and conclusive as is.

3) Defendant B filed a lawsuit against L and M with the Daegu District Court 2003Gahap11022, but L and M with the full acceptance of Defendant B’s claim on June 9, 2004, “L and M jointly pay 5% per annum from March 1, 2003 to August 18, 2003; and 20% per annum from the next day to the date of full payment” (hereinafter “the report of recognition of this case”).

4) Defendant B completed the establishment registration of a neighboring mortgage in the amount of KRW 6,000,000 for the maximum debt amount on the ground of a contract establishing a contract dated November 12, 2009 with respect to the distribution of dividends 1, which is owned by K on November 12, 2009.

5) Defendant G applied to L and M for payment of agreed money, etc. from the Daegu District Court on January 17, 2012, with the rate of 30% per annum from January 6, 2012 to the day of full payment for KRW 7,567,277,370 and KRW 6,672,842,278 among them.