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(영문) 서울중앙지방법원 2017.08.29 2016가단5021912
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person to whom the Seoul Central District Court (Seoul Central District Court 2015TTT 3002) issued a collection and attachment order (Seoul Central District Court 2015TT 3002) with respect to the wage claim to be paid monthly by a notary public against L in respect of L in respect of the authentic copy of a notarial deed of monetary loan for consumption, which is executed by Law Firm Song, No. 1713, 2014, the monthly amount of which is KRW 71,227,48

B. The Plaintiff is a person who received a collection order (Seoul Central District Court 2015TTT 6156) as to the wage claim to be paid monthly to L literature engineering amounting to KRW 70,000,000 on the authentic copy of the authentic copy of the monetary loan agreement for consumption of money, which was executed by Law Firm Song, No. 172, 2015.

C. On January 29, 2016, the same court prepared a distribution schedule with respect to the distribution procedure case of L’s wage claim against the Defendant on January 29, 2016, wherein the amount of dividends to the Defendant was KRW 544,883, and accordingly, prepared each distribution schedule stated in the purport of the claim in accordance with each of the above claims seizure and collection order against the Defendant and the Plaintiff. The Plaintiff appeared on each distribution date and raised an objection against the whole amount of dividends to the Defendant.

On January 14, 2016, the part of the Plaintiff’s claim for recovery of a counterclaim against the Plaintiff in Seoul Central District Court Decision 2015Da182693 (Mains) and the case of demurrer against distribution in the Seoul Central District Court Decision 2015Kadan173484 (Merger), which filed by the Defendant against the Plaintiff, as well as the part of claim for recovery of a fraudulent act revocation case against the Plaintiff, is paid to the Defendant at the rate of 5% per annum from the day following the day when the judgment became final and conclusive to the day of full payment. The Plaintiff transferred to L the claim for prohibition of collection against original engineering company based on the claim seizure and collection order with the Seoul Central District Court Decision 2015Da3002, and notified the original engineering company of the assignment of the above claim.

(C).

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