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(영문) 대구지방법원 포항지원 2018.10.30 2018가단2521
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 21, 2017, the Plaintiff filed a payment order with D as Seoul Northern District Court 2017 tea955, and received a payment order from the above court to the effect that “D shall pay the Plaintiff KRW 90,000,000 and its delay damages.” The said payment order became final and conclusive around that time.

On January 15, 2018, the Defendant issued a payment order against Chokin D to the effect that “D shall pay KRW 500,000,000 and any delay damages therefor to the Defendant” from the above court on January 15, 2018, and that “D shall pay the Defendant the payment order under the Daegu District Court Port Support 2018,56” from the above court on January 15, 2018, and that “D shall pay the Defendant KRW 261,200,000 and any delay damages therefrom,” respectively, and each of the above payment orders (hereinafter referred to as “each of the instant payment orders”) was finalized around that time.

On February 21, 2018, the Defendant received a seizure and collection order as to the claim against D, based on each of the instant payment orders under the Daegu District Court Branch Order 2018TT 654.

On April 25, 2018, the above court prepared a distribution table of 18,844,510 won against the plaintiff in proportion to the amount of claims against the plaintiff and the defendant, and 149,845,066 won against the defendant entitled to collection.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment are merely a virtual claim that the defendant's claim against D, which was recognized in each payment order of this case, was made by the defendant in order to prejudice the plaintiff, and thus, the distribution of dividends should not be made in proportion to the defendant's claim amount calculated by each payment order of this case. However, each evidence of the plaintiff's submission alone is insufficient to recognize that the defendant's claim against D is a provisional claim, and it is otherwise recognized.

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