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(영문) 서울중앙지방법원 2016.12.09 2016가단67012
배당이의
Text

1. With respect to the distribution procedure case B by the Seoul Central District Court, the distribution schedule prepared by the said court on May 27, 2016 is relevant.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C, golf membership attachment and sale order, etc. 1) The Plaintiff: (a) KRW 237,500,000,000, the claimed amount against C; and (b) KRW 13 golf membership accounts (Members E, F, G, H, I, I, and I) of which C had against D by the Seoul Central District Court 2013Kadan506.

J. On February 21, 2013, K, L, M, N,O, P, and Q received a provisional attachment order from the Plaintiff on February 21, 2013.2) In the instant provisional attachment case, the Seoul Central District Court 2012Gahap54204, which was brought by the Plaintiff against C as the principal lawsuit of the instant provisional attachment case, rendered a favorable judgment on June 20, 2013, that “C shall pay to D and each Plaintiff 237,50,000 won with 20% interest per annum from January 23, 2013 to the day of full payment,” and the said judgment became final and conclusive thereafter.

3) Based on the above final judgment, the Plaintiff applied for the seizure of golf membership membership to which the above provisional seizure was transferred to Seoul Central District Court 2013TTT25718. On August 13, 2013, the Plaintiff was ordered to attach KRW 237,50,00 as to the above portion of the provisional seizure as to the above portion of the golf membership 13 units of this case, and additionally KRW 25,767,123 as to the above portion of the provisional seizure. The above seizure order was served on D around that time. Thereafter, on March 14, 2014 based on the above seizure order, the Plaintiff was issued a sale order substituted for the collection of the principal amount of KRW 13 units of golf membership in this case by the above court 2013TT3528, which was served on March 15, 2014, and the remaining amount of the loan of KRW 200,000,000,000,000.

On December 30, 2010, our bank transferred all of its loans to the Defendant, and transferred the credits to D Co., Ltd., the primary debtor.

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