배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 17, 2008, H Co., Ltd. (hereinafter “debtor”) filed a lawsuit against the Plaintiff for compensation for delay, and the Plaintiff filed a lawsuit for damages with the counterclaim. On December 17, 2008, the Seoul High Court rendered a judgment that “the debtor company shall pay to the Plaintiff 1,583,397,053 won and interest calculated at the rate of 5% per annum from July 4, 2007 to December 17, 2008, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.
[Seoul High Court 2008Na3731, 37348(Counterclaim).
According to the above final judgment, the plaintiff filed an application for compulsory auction against the real estate owned by the debtor company to Seoul Western District Court C on May 12, 2009, and thereafter D, E, F, and G compulsory auction were overlapped.
C. On July 22, 2009, the Defendant applied for a payment order against the debtor company as Seoul Eastern District Court Decision 2009Gu8240, and on July 22, 2009, the Defendant received a payment order stating that “the debtor company shall pay to the Defendant 12,180,000,000 won and interest calculated at the rate of 20% per annum from the day after the delivery of the original copy of the payment order to the day of complete payment.” The above payment order was finalized on August 19, 2009.
(hereinafter “instant payment order”) D.
In the above auction procedure on October 30, 2009, the defendant demanded the distribution of the claim under the instant payment order (hereinafter “the claim in this case”) as the claim claim amount. On June 27, 2014, the court of execution prepared a distribution schedule with the content that, among the amount to be actually distributed on the date of distribution implemented on June 27, 2014, the previous co-defendants I of this case, who are the third-class creditors, KRW 5,961,437, KRW 498,860,054, and KRW 643,651,445, to the defendant, each of the distribution schedule with the content that, among the amount to be actually distributed on the date of distribution implemented on June 27, 2014.
(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution and raised an objection against I and the Defendant’s dividend amount.