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(영문) 대구지방법원 2018.01.12 2017가단114587
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 23, 2009, the Plaintiff agreed to pay in installments KRW 20,787,200 to the Plaintiff the sum of the rent and the existing debt of the above equipment to D, the Plaintiff leased the equipment leased from D Citrens Co., Ltd., D., Ltd., and D agreed to pay in installments.

On October 19, 2010, the Plaintiff filed a lawsuit with Jeju District Court 2009da18938 on October 12, 2009, and sentenced that “D shall pay the Plaintiff KRW 20,787,200 and its delay damages,” and the above judgment was finalized on November 17, 2010.

B. D and Defendants: (a) Defendant A remitted KRW 10,450,000 to D on August 20, 2016. D sent KRW 10,450,000 to Defendant A on January 5, 2017; (b) the due date of payment was January 11, 2017; and (c) the authentic deed of debt repayment agreement, which included the purport of accepting compulsory execution when Defendant A did not perform a loan obligation with 20% per annum of delay damages, with the certificate of 20,000,000 from the 2017 General Law Office to D. D on August 29, 2016. (d) Defendant B remitted KRW 50,000 to D on January 5, 2017.

D On December 29, 2016, Defendant A prepared a notarial deed of debt repayment contract containing the purport of accepting compulsory execution when a debt is not performed with respect to a loan claim with the amount of debt of KRW 50,000,000 and due date of payment of KRW 20% per annum under the 20% Act of 2016 and No. 831 of the 2016.

3) On September 13, 2016, Defendant C remitted KRW 5,000,00 to D. D on December 29, 2016, Defendant C drafted a notarial deed of a debt repayment contract containing the purport of accepting compulsory execution at the time of non-performance of a loan claim with the amount of debt amounting to KRW 5,00,000,000 due date under the 2016 and 832 of the 2016 General Law Office Deed by a notary public to Defendant A on December 29, 2016, the due date for payment, January 11, 2017; and KRW 20% per annum. (c) The procedure for compulsory auction and the schedule of distribution for compulsory auction as of November 14, 2016 by the Plaintiff’s application for compulsory auction as of November 30, 2016.

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