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1. The Plaintiff, Defendant C, and Defendant D, KRW 5,829,321, and each of them shall be repaid from February 23, 2017.
Reasons
1. Basic facts
A. On June 4, 2015, Defendant C applied for a payment order seeking the payment of a loan against Defendant C (Seoul District Court Branch Branch Decision 2015j1266), and the payment order became final and conclusive on June 4, 2015, stating that “A shall pay to Defendant C KRW 40,000,000 and delay damages therefor.”
On August 25, 2015, based on the above payment order, Defendant C received a seizure and collection order (Seoul Central District Court 2015TT 2015TT 19767; hereinafter “the instant collection order”) from the debtor, corporation C, and C as the third debtor on August 25, 2015. Based on the above collection order, Defendant C received a seizure and collection order (Seoul Central District Court 2015T 1977; hereinafter “the instant collection order”). Defendant C requested the payment of the collection amount against the debtor, the debtor, etc. to the third debtor on February 25, 2016 (Seoul Central District Court 2015AE 21631). Defendant C received a collection order from the third debtor on January 15, 2016.
B. On September 15, 2015, Defendant D filed a claim against Defendant D for the delivery, etc. of a building (In Incheon District Court Branch Decision 2015Kadan108149), and received a judgment on September 15, 2015, stating that “A shall pay to Defendant D KRW 43,812,515,” and the said judgment became final and conclusive.
C. A was declared bankrupt on December 21, 2015 (U.S. District Court 2015Hadan1751), and the Plaintiff was appointed as a trustee in bankruptcy. D.
Defendant D’s decision on December 21, 2015 at the auction of corporeal movables (hereinafter “instant auction”) filed by the Incheon District Court based on the above 2015Kadan108149, the Busan District Court Branch Decision 2015Du3537, 3261 (hereinafter “instant auction”), and Defendant C received KRW 10,246,517, and KRW 5,829,321 as dividends on the date of distribution on December 31, 2015. Defendant C collected KRW 11,721,056 on March 31, 2016 based on the collection order issued pursuant to the above 2016 Taga4613.
E. Meanwhile, on May 12, 2016, Defendant C’s collection order, etc. of this case.