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1. Of the distribution schedule prepared by the said court on January 28, 2019, the distribution amount to the defendant 44.
Reasons
1. Basic facts
A. On February 21, 2017, the Plaintiff: (a) obtained a ruling of provisional seizure of corporeal movables (hereinafter “instant provisional seizure”) against the Non-Party Company D (hereinafter “Non-Party Company”); (b) as a preserved right, the claim amounting to KRW 100,000,000 against the Non-Party Company D (hereinafter “Non-Party Company”); and (c) completed the execution thereof.
B. On April 12, 2017, the non-party company deposited KRW 100 million in Suwon District Court No. 3181 in the name of the Plaintiff for the year 2017, and accordingly, the provisional seizure of this case became effective against the non-party company's right to claim the recovery of the above amount of deposit.
C. On October 11, 2018, the Plaintiff and E Company filed a lawsuit against Nonparty Company and F, etc. with Suwon District Court Decision 2017Da11052, and rendered a judgment with a provisional execution sentence stating that “F and Nonparty Company jointly and severally pay to the Plaintiff the amount calculated at the rate of KRW 100,000,000 and 24% per annum from January 18, 2017 to the date of full payment.”
Based on the above judgment, on October 31, 2018, the Plaintiff received a seizure and collection order (hereinafter “the seizure and collection order of the instant claim”) from the Suwon District Court 2018TTT118TT118684, which transferred the instant provisional seizure to the original seizure. On November 5, 2018, the Plaintiff was served on the third debtor, who was the garnishee, to receive the instant provisional seizure.
E. Based on the instant order of seizure and collection, the Plaintiff filed an application for distribution of the deposited money for the said deposited money to the Suwon District Court C, and the distribution procedure (hereinafter “instant distribution procedure”) commenced.
F. Meanwhile, on October 17, 2018, the Defendant, a notary public of KRW 78,600,000 against the non-party company, is a claim claim based on the No. 42 of the Promissory Notes No. 42 of March 27, 2017 (hereinafter “instant Promissory Notes”) drafted on March 27, 2017, as Suwon District Court No. 2018TT19637.