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(영문) 창원지방법원 2020.11.13 2020가단115760
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff had a notarial deed of loan claim amounting to KRW 481,00,000 (No. 4333, 2017) on the debtor K Co., Ltd. (hereinafter “debtor”). Based on the notarial deed, the Plaintiff was ordered to attach the notarial deed of KRW 481,00,000 to the third debtor M&A of the debtor company (hereinafter “instant notarial deed”). The notarial deed was served on the third debtor on September 25, 2017 on September 20, 2017.

(hereinafter “instant seizure order”) b.

On the other hand, the Plaintiff was ordered to pay KRW 32,022,780 to the Plaintiff by the debtor company as the wage creditor of the debtor company, the Changwon District Court Kim Jong-si court on June 7, 2018, and the debtor company was ordered to pay KRW 32,02,785 to the Plaintiff. The above payment order was finalized on June 30, 201.

On September 20, 2018, the Plaintiff received an order to seize the shares of its members based on the instant investment certificate until it reaches KRW 32,022,780, from the Changwon District Court Decision 2018TTTE 201 to September 20, 2018, and served the order on the third debtor on September 28, 2018.

(hereinafter “instant seizure order”) C.

On November 14, 2017, the Plaintiff filed an application for the special cashization of the instant investment certificates, which was seized as N with the Changwon District Court on November 14, 2017, and possessed by the execution officer of the Changwon District Court Musan Branch by receiving 79 shares of the debtor company from the garnishee on January 9, 2002. On April 16, 2020, the Plaintiff sold the said investment certificates at KRW 91 million to the original District CourtO, and submitted it to the court on the same day.

The sales price of the investment certificates of this case was distributed to Changwon District Court J, and the Plaintiff, after the sale of the investment certificates of this case, filed a report on the demand for rights and demand for distribution as a wage creditor based on the executory payment order original under the above 2018 tea85, June 5, 2020.

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