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(영문) 대전지방법원천안지원 2017.04.11 2016가단109600
배당이의
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. Certificate D by a notary public on June 29, 2015 between the defendant and C.

Reasons

1. Facts of recognition;

A. From August 19, 2014, Plaintiff A’s claim against Plaintiff C with the same year

9. Until December 15, 198, Defendant Co., Ltd. (hereinafter “C”) supplied waste synthetic resin of KRW 87,277,795 in total to C, but failed to receive the amount of KRW 67,277,795 from C.

2 Plaintiff A filed an application with the Incheon District Court for a payment order for the goods price payment order of KRW 67,277,795 with respect to “C and F jointly and severally, and delay damages therefor,” and on May 18, 2015, the above court received the payment order from the above court, and the above payment order was issued for the same year.

6. 4. The decision was finalized as is.

3) Plaintiff B Company (hereinafter “B”)

() From September 26, 2014 to October 1, 2010 of the same year, the Plaintiff supplied waste synthetic resin of KRW 33,443,960 in total to C, but did not receive the price of the goods from C. However, Plaintiff B applied for the payment order against C to “C and F jointly and severally pay KRW 33,443,960 and delay damages therefor,” and the payment order was issued by the said court on June 2, 2015. The payment order was finalized on June 17, 2015.

B. On June 29, 2015, C entered into a loan agreement for consumption of money by means of transfer between the Defendant and C. On June 29, 2015, C borrowed KRW 100,000,000 from the Defendant on June 29, 2015, as interest rate of KRW 3% per annum, and as of August 31, 2015, and C’s corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”).

(2) A notary public’s D Deed No. 135, No. 135, 2015, stating that no objection is raised even if the said debt is enforced immediately when the said debt is not performed (hereinafter “instant contract”), and the said notarial deed is “notarial deed”.

was drawn up.

C. At the time of the instant contract, C’s active property at the time of the instant contract is the instant case.

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