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(영문) 서울중앙지방법원 2014.11.25 2014가단5018288
배당이의
Text

1.In the distribution schedule drawn up by the said court on January 17, 2014 with respect to A distribution procedures case of the Seoul Central District Court, the defendant shall be the defendant.

Reasons

1. The Defendant applied for a payment order against E&O Co., Ltd. (hereinafter “E&O”) and B (hereinafter “B”) to this court on August 23, 2012, with respect to the claim for the land usage fee against B as the claim for the payment order finalized upon the acceptance of the decision of acceptance on August 23, 2012, the Defendant issued an attachment and collection order under this Court No. 2013TT3745 with respect to the claim for the land usage fee against B, and with respect to the claim against B, the Plaintiff was the claim for the claim against B, and each provisional attachment was issued against the above claim for the land usage fee under this Court No. 2011Kadan4925 and Jeonju District Court No. 2012Kadan3085299 and Jeonju District Court Decision 2012Ka7999.

Accordingly, C around April 2013, in the instant A court distribution procedure case, which took place with respect to the deposit (amounting to KRW 76,463,70) held by this Court No. 8890 in this Court (amounting to KRW 76,76,463,704), the distribution schedule was formulated as follows: among the amounting to be actually distributed on January 17, 2014, KRW 76,781,653, totaling KRW 44,327,624 to the Plaintiff (i.e., KRW 15,058,522, as to the provisional seizure of KRW 201,52, as to the provisional seizure of KRW 2012,522, as to the provisional seizure of KRW 12,740,867, 2012,30852, the said provisional seizure of KRW 32,454,235).

2. The plaintiff's primary claim of this case is false because the defendant's above seizure claim against B, which is the basis of the distribution of dividends against the defendant, is false, so the distribution amount against the defendant should be deleted and the distribution schedule should be corrected as it distributes all of the plaintiff's provisional seizure claims in proportion to the plaintiff's respective provisional seizure claims, and the plaintiff's claim based thereon can be accepted for the following reasons

As to the claim on which the above payment order was based, the Defendant decided to lend E&M System KRW 400 million on January 25, 201 (term until July 25, 2011, interest rate of KRW 24% per annum) against E&M, as to the claim on which the above payment order was based, B guaranteed the above repayment obligation and provided a collateral security of KRW 800 million with respect to the land located in Nam-gu Incheon Metropolitan City.

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