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(영문) 인천지방법원 부천지원 2018.04.20 2017가단113596
배당이의
Text

1. A distribution schedule prepared by the vice branch court of the Incheon District Court on September 27, 2017 with respect to the distribution procedure C is against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant transferred KRW 150,000 as of December 1, 2016, KRW 10,000 as of December 22, 201 of the same year, KRW 18,000,00 as of December 23, 201 of the same year, and KRW 18,00,000 as the agricultural bank account of each D.

B. Meanwhile, on December 20, 2016, the Plaintiff received a claim attachment and collection order against D Industrial Bank of Korea, the Nonghyup Bank, the High Livestock Industry Cooperatives, the Young Livestock Industry Cooperatives, and the Youngpo Agricultural Cooperatives (hereinafter “Yungpo Agricultural Cooperatives”), the Republic of Korea, the New Bank of Korea, the New Bank of Korea, the Korean Standards, and the National Bank of Korea. The written decision was served on the third debtor from December 22, 2016 to December 23, 2016.

C. D and the Defendant, as of December 27, 2016, drafted a notarial deed of a promissory note that recognizes compulsory execution against an issuer D, an addressee, the Defendant, the date of issuance, KRW 300,000,000, and the date of payment, KRW 300,000, and KRW 300,000, and the place of payment, the place of payment, and the place of payment, of which are Seoul Special Metropolitan City.

As seen earlier on December 23, 2016, the Young Military Court deposited KRW 18,328,548, including KRW 18,00,00,00, which the Defendant remitted to D, as seen earlier, as the Defendant deposited KRW 18,328,548, as gold 659 for the Incheon District Court Branch Branch of the Incheon District Court in September 27, 2017. With respect to the distribution procedure stated in the order for the above deposit and interest thereon, the above support was prepared a distribution schedule to the Plaintiff, as a collection authority for the above claim attachment and collection order of KRW 30,687,45,45, out of the claimed amount of KRW 30,687,45,394, and the above support received by the Defendant based on the above notarial deed, as a collection authority for the claim amount of KRW 300,115,000,00,00, which was distributed to the Defendant, as a collection authority for the collection order.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 2, 3, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion asserts that D issued the above bill by means of a false declaration of intent in collusion with the defendant.

B. The defendant shall make a sales slip.

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