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(영문) 부산지방법원동부지원 2017.12.22 2017가합101057
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The E Co., Ltd. (hereinafter “E”) is a company established on September 24, 1996 for information and communications equipment and sales business; F was registered as E’s representative director from July 23, 1999 to E’s representative director; and G from March 30, 2001 to E’s representative director.

B. The plaintiff filed a lawsuit against F and G with the Seoul Central District Court 2004Gahap82398, and on September 7, 2005, the above court sentenced that "F and G shall jointly and severally pay to the plaintiff 1,630,160,000 won, and 5% per annum from January 1, 2004 to August 13, 2004, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on October 6, 2005.

C. On April 8, 2016, the Defendant filed an application with G for a payment order claiming the return of the borrowed amount with the Seoul Central District Court 2016 tea16420, and on April 22, 2016, the above court determined that “G shall pay the Defendant the amount of KRW 1,100,000,000 and the amount of KRW 600,000 among them, 10% per annum from September 16, 200 to September 15, 201; 15% per annum from the next day to the date of full payment; 50,000,000 won per annum from March 29, 2002 to March 28, 2003; and 15% per annum from the next day to the date of full payment (hereinafter “the payment order”). The above court issued the payment order at each of the above time (hereinafter “the payment order”).

The plaintiff was above B.

Based on the claim of the judgment amount stated in paragraph (1), Busan District Court filed an application for a compulsory auction of real estate for Busan Shipping Daegu H apartment I owned by G with the Dong branch of Busan District Court, and the above court rendered the compulsory auction decision on September 12, 2016.

On February 20, 2017, the court of execution shall pay 995,662,004 won to be actually distributed on the date of distribution on the date of distribution on February 20, 2017, the full amount of 517,700 won for the relevant tax of the Busan Metropolitan City Shipping Daegu, which is the first creditor, the second creditor, the full amount of 30,000 won for the lease deposit of J, which is the second creditor, K and L, which is the third creditor.

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