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(영문) 대구지방법원 2017.02.15 2014가합9780
배당이의
Text

1. With respect to the Daegu District Court AC Distribution Procedure case, the said Court revokes the distribution schedule prepared on December 16, 2014.

Reasons

1. Basic facts

A. On March 14, 2013, a medical corporation filed an application for the suspension of compulsory execution with the Daegu High Court 2013Kaga29 to suspend compulsory execution (Seoul High Court 2013No. 1967) based on the judgment (Seoul High Court 2013No. 2013No. 137), and the said court rendered a decision to suspend compulsory execution until the said court sentenced to deposit of KRW 1 billion as security on May 29, 2013, on condition that the compulsory execution is suspended until the said court sentenced to the judgment of 2013Na20488.

SheD deposited the security of KRW 1 billion to the deposit officer of the Daegu District Court in accordance with the purport of the above decision.

Article 22(1) of the Civil Act provides that “The right to claim the deposit of this case shall be determined by the court of first instance on December 27, 2013, as the appeal by AD is dismissed on December 5, 2013 at the above appellate court, and Article 2(1) of the Civil Act provides that “The right to claim the deposit of this case shall be determined by the court of first instance on December 27, 2013,” and “AD shall acquire the right to claim the deposit of this case” (hereinafter “the right to claim the deposit of this case”).

B. (i) The Plaintiffs received the respective claims seizure and collection order regarding the sum of KRW 483,669,199 among the claims for the collection of the instant deposit, including the claims seizure and collection order by the Plaintiffs and the Defendants, as follows.

A total amount of seized bonds 1.A. 2013 2013 18656 156,747 2013 1867 12,99 454 6453,63,793 2014 3866 2014 2014 13,592,97 236363 2063,57 2368 2063,6641 207 2063,57 2064 2063,57 2063,57 2064 1663,57 204 1663,57 204 1663,57 1963,57 204 204 163,57 294,6183 204

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