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(영문) 서울중앙지방법원 2015.05.18 2014가단161064
배당이의
Text

1. Of the distribution schedule prepared on July 25, 2014 by the said court with respect to the distribution procedure case, the Defendant is the Seoul Central District Court C.

Reasons

1. Facts of recognition;

A. On December 19, 2013, D Co., Ltd. (hereinafter “D”) issued and delivered to the Defendant Company a promissory note with a face value of KRW 322,00,000,000 at a sight of the date of payment, and one promissory note with a maturity of KRW 322,00,000 (hereinafter “instant promissory note”) and, if the payment of the said note is delayed on the same day, a notary public drafted a promissory note notarial deed to the effect that there is no objection even if the said note is immediately enforced (No. 2234, 2013; hereinafter “instant authentic deed”).

B. On December 31, 2013, on the basis of the instant notarial deed, the Defendant Company requested the Seoul Central District Court 2013TTTT 42160 to issue a seizure and collection order, and received a seizure and collection order (hereinafter “instant claim to return the investment”) from the above court against the Korea Special Aid Association (hereinafter “the instant association”). The Defendant Company issued a seizure and collection order (hereinafter “the instant claim to return the investment”). On January 6, 2014, the said order was served on the instant association and became final and conclusive around that time.

C. On January 14, 2014, the Plaintiff received the claim attachment and collection order with the Seoul Central District Court 2014TTT No. 873 regarding KRW 45 million among the claim for return of the instant investment. This was served on the instant association on January 20, 2014 and became final and conclusive around that time. On March 12, 2014, the Plaintiff received the attachment and collection order with the Seoul Central District Court 2014TTT7543 regarding KRW 30 million among the instant claims. This was served on the instant association on March 17, 2014, and became final and conclusive around that time.

On March 27, 2014, the instant cooperative deposited KRW 208,148,608 with the Seoul Central District Court No. 6623 in 2014, pursuant to Article 248(1) of the Civil Execution Act.

E. In the distribution procedure conducted with respect to the above deposit, the above court of Seoul Central District Court (hereinafter referred to as the “Seoul Central District Court”) out of KRW 208,403,808, the amount to be actually distributed as of July 25, 2014, one of the first orders.

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