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(영문) 대구지방법원 영덕지원 2018.06.19 2017가단11372
배당이의
Text

1. Of the distribution schedule prepared on November 29, 2017 by the said court with respect to the distribution procedure C by the Daegu District Court Yeongdeungpo-gu District Court (Seoul District Court).

Reasons

1. Facts of recognition;

A. 1) D Co., Ltd. (hereinafter “D”)

(2) On February 6, 2017, the representative director E is the Defendant Company.

The amount of KRW 200 million in face value, payment date, place of payment, and place of payment of promissory notes in Seoul. On the same day, a notary public shall issue a notarial deed on the said Promissory Notes under No. 43, 2017 (hereinafter “No. 1 notarial deed”).

2) On February 28, 2017, E issued to Defendant B a promissory note with the face value of KRW 300 million, the date of payment, the place of payment, the place of payment, and the place of publication, and on September 5, 2017, a notary public made and issued a notarial deed on the said Promissory Notes (hereinafter referred to as “instant notarial deed”) under No. 272 of the 2017 No. 2017, the No. 1 and 2 of the instant deed.

B. 1) On April 7, 2010, the Plaintiff is the Yeongdeungpo District Court of Daegu District Court (hereinafter “Execution Court”).

(2) On November 29, 2017, the execution court applied for the order of seizure of securities held by D as the claim for the principal and interest on D’s loan, and on April 8, 2010, the execution court ordered seizure of the said securities (No. 2010 other debt 270). In the above procedure, the execution court applied for a demand for distribution as to KRW 200 million on September 8, 2017, and Defendant B applied for a demand as to KRW 300 million on September 14, 2017, for each of the claims based on the No. 2 authentication of this case on September 29, 2017, the execution court applied for a demand for distribution as to the said securities sales proceeds (C. hereinafter “instant distribution procedure”), excluding the execution expenses, from the distribution date of the said securities sales proceeds (C. 102,626,128 won to the Plaintiff, who is the seizure authority, as the creditor of this case, the creditor of this case 40826,2317.

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