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(영문) 부산지방법원 2017.08.10 2017가단303003
배당이의
Text

1. Of the distribution schedule prepared on January 23, 2017 by the above court with respect to the Busan District Court B distribution procedure case, the defendant is against the defendant.

Reasons

1. Facts of recognition;

(1) On June 27, 2016, the Plaintiff issued a claim seizure and collection order with the Busan District Court Decision 2016TTT 2016TT 55000 on June 27, 2016, with respect to the purchase price of the goods to the Republic of Korea of the non-party company, the debtor and the third debtor as the Republic of Korea (the competent Air Force Headquarters; hereinafter the same shall apply), and the claim amount as KRW 20,315,120 on the basis of the No. 1098 No. 1098 No. 1015.

The above decision was delivered to the Republic of Korea on June 30, 2016, respectively, to the Defendant on July 6, 2016.

B. On September 7, 2016, the Defendant filed a claim attachment and collection order with the Busan District Court 2016TTT18027 against the non-party company on September 7, 2016, on the basis of the notarial deed for debt repayment (Quasi-Loan Loan) agreement (hereinafter “instant notarial deed”) No. 399, 2016 against the non-party company on August 3, 2016, with the debtor and the third debtor as the Republic of Korea, and filed a claim for the attachment and collection order against the non-party company as the Busan District Court 2016TT18027 on September 7, 2016.

Secondly, Korea deposited KRW 11,438,254 as the Daegu District Court No. 2016No. 7899 on the ground of competition such as seizure, etc., the distribution procedure was conducted as Busan District Court B.

On January 23, 2017, the date of the above distribution was set up in the order of 1,753,590 won, 5,926,324 won, and 3,743,737 won, to the Defendant, who is the collection authority, who is the Defendant, the collection authority, in the second order.

m. The plaintiff raised an objection against the whole amount distributed to the defendant on the date of the above distribution.

(v) Meanwhile, the Defendant is the representative director D of the non-party company. On August 1, 2016, the non-party company prepared a detailed statement of overdue wages with the purport that the wages were delayed (i.e., KRW 38.5 million x 11 months) from September 1, 2015 to July 31, 2016, and the instant notarial deed was Nonparty 1 based on the said detailed statement of overdue wages.

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