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(영문) 서울북부지방법원 2016.04.15 2015나5659
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. By October 4, 2012, the Plaintiff received an order for payment (Seoul Northern District Court 2013 tea227) from C to claim the price of the above goods as the boiler and its parts sold to C, but did not receive the price of the goods, the Plaintiff received an order for payment (Seoul Northern District Court 2013 tea227) from C, and C received an order for payment from the Plaintiff to the effect that “C shall pay to the Plaintiff 100,395,780 won and the amount at the rate of 20% per annum from May 7, 2013 to the date of full payment,” and the above order for payment was finalized on May 21, 2013.

B. C’s property relationship (1) had already been completed four times from January 10, 205 to April 25, 201 with respect to the instant real estate, however, four collateral creation claims (the actual secured debt amount is KRW 179,479,479) consisting of the creditors, Korea Standards Bank, and the maximum debt amount, totaling of KRW 217,80,000,000,000,000. On March 12, 2012, the creditor, Korea Skick Bank, the claim amount of KRW 22,731,203,203, the creditor’s credit guarantee foundation, the creditor’s claim amount of KRW 13,312,00,00, the credit card company on April 9, 2012, and the creditor’s claim amount of KRW 200,000,000,000,000,000,000 won, respectively, were registered with the Defendant.

(2) On July 12, 2013 with respect to the instant real estate, each of the right holders, the National Health Insurance Corporation, the Republic of Korea’s seizure on October 24, 2013, the creditor company’s claim amounting to 6,385,037 won, and the creditor’s national card, the claim amounting to 4,503,103 provisional seizure on November 26, 2013.

(3) On April 25, 2013 after completing the registration of creation of the instant right to collateral security, the average market price of the instant real estate is KRW 325 million; the average market price is KRW 310 million; and C.

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