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(영문) 수원지방법원 평택지원 2018.10.17 2018가단52349
배당이의
Text

1. The Plaintiff among the distribution schedule prepared on March 8, 2018 by the said court with respect to the distribution procedures of Suwon District Court D in Suwon Housing Site D.

Reasons

1. Basic facts

A. On March 8, 2018, with respect to the preparation of a distribution schedule and the Plaintiff’s objection to the distribution procedure D D of Pyeongtaek Housing Site District Court of the Plaintiff, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant B limited liability company (hereinafter “Defendant B”) shall distribute the deposit amount of KRW 90,946,308, and the Defendant C limited liability company (hereinafter “Defendant C”) shall distribute the amount of KRW 8,079,819, and the Plaintiff shall distribute the amount of KRW 19,418,685 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the amount of dividends to the Defendants among the instant distribution schedule on the date of distribution (Evidence 1).

B. Calculation of the dividend ratio of the instant case (2017TTT 3452 omitted) (1) The Plaintiff was issued an order of seizure and assignment of the claim regarding the claim of KRW 3,670,639,945 against the third debtor E of the debtor F on July 7, 2017, based on the attachment and collection order of the claim of KRW 2016T 2852 against the third debtor E (owner).

(2) In determining the amount of the Plaintiff’s claim, the executing court calculated the amount of distribution on the basis of only 276,740,385 won out of the balance of the amount of the claims collected and the amount of claims collected in the collection case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion

(a) In calculating the instant dividend ratio based on the instant dividends ratio, the dividends ratio among concurrent creditors should be calculated based on the sum of KRW 3,947,380,380,385 of the principal of the instant case No. 2016,2852 and KRW 276,740,639,945 of the collected amount of the instant case No. 2017,352.

B. Defendant B’s primary claim ① The title of enforcement that Defendant B received in the instant dividend proceeding is the Daejeon District Court of the Daejeon District Court for the debtor F Co., Ltd.

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