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(영문) 수원지방법원 2016.02.16 2015가단25699
배당이의
Text

1. Of the distribution schedule prepared on May 11, 2015 by the said court with respect to the distribution procedure case, Suwon District Court 2015 another distribution procedure case.

Reasons

1. Basic facts

A. (1) On April 1, 2013, Daejeon District Court (Seoul District Court Decision 2013Kadan100503, Apr. 1, 2013, 2013, deposited KRW 10 million as security deposit for provisional attachment against claim provisional attachment (hereinafter “instant deposit”).

(2) C filed a motion with Suwon District Court 2014Kadam1692 against D for the exercise of rights and the cancellation of security against the instant deposit, and the revocation of security was finalized on September 25, 2014.

B. On August 27, 2014, Plaintiff A provisionally attached the claim amounting to KRW 10,000,000 as Suwon District Court Decision 2014Kadan891 (the provisional attachment order was corrected to KRW 8,390,550 on March 2, 2015). On February 26, 2015, the Defendant provisionally attached the claim amounting to KRW 38,849,513 as the Daejeon District Court Branch Branch 2015Kadan295, the claim amounting to KRW 38,849,513, Plaintiff Gwangju Urban Development Co.,, Ltd. (hereinafter “Plaintiff”) and Plaintiff A received the claim amounting to KRW 8,354,254, the provisional attachment order, and Plaintiff A received the claim amounting to KRW 474, March 11, 2015.

C. On March 23, 2015, C filed a report on the grounds that provisional seizure, etc. against the instant deposit was concurrent, as seen above, on the ground that the said provisional seizure, etc. was conducted, and, accordingly, in the Suwon District Court case 2015 another distribution procedure case (hereinafter “instant distribution procedure”), the said court drafted a distribution schedule to distribute the amount of KRW 339,062 out of KRW 10,064,122 of the amount to be actually distributed on May 11, 2015, to the Defendant among KRW 10,064,122 of the amount to be distributed on May 11, 2015, 38,849,513 of the amount of credit, and KRW 8,354,252 of the amount of credit, KRW 1,721,168 of the amount to the Plaintiff Company and KRW 339,062 of the amount to be distributed to the Plaintiff Company (hereinafter “instant distribution schedule”).

The Plaintiffs attended on the date of the instant distribution on March 23, 2015, and Plaintiff A shall be fully distributed to the Defendant.

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