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(영문) 대전지방법원공주지원 2017.10.26 2016가단1709
배당이의
Text

1. Defendant B among the distribution schedule prepared by the said court on August 26, 2016, in the official district court of Daejeon District Court D D’s distribution case.

Reasons

1. Basic facts

A. On November 11, 2014, Defendant B drafted a notarial deed for a loan for consumption of money with collateral security (hereinafter referred to as “notarial deed for consumption of money with collateral security”) (No. 1386) on November 1, 2014, by a notary public, who is determined at 25% per annum as loans 196,396,820 as of November 1, 2014, due date for payment, November 20, 2014, and due date for payment, and at 25% per annum, as of November 2014.

Defendant B, based on the executory exemplification of the notarial deed No. 1 of this case, requested the Incheon District Court to issue a seizure and collection order as to the claims against Hanyang Co., Ltd. (hereinafter “ Hanyang”) based on the executory exemplification of the notarial deed of this case, and received a ruling of acceptance from the above court on February 24, 2016 (the total sum of the principal and delayed payment claims based on the notarial deed No. 1 of this case and the expenses incurred in executing the claims, and KRW 245,800).

B. From August 24, 2015 to March 13, 2015, Defendant C drafted a notarial deed of a notary public F office’s loan agreement No. 183 of 2015 (hereinafter “No. 2 authentic deed of this case”) with a loan of KRW 270,00,000 as of March 13, 2015, maturity of payment, August 31, 2015, and delay delay rate of KRW 24% per annum.

Defendant C applied to the Incheon District Court for a seizure and collection order concerning the claims against E in respect of Hanyang based on the executory exemplification of the notarial deed No. 2 of this case, and received a ruling cited by the above court on February 24, 2016 (the sum of the principal and damages for delay based on the notarial deed No. 2 of this case and the expenses for execution of the claim No. 225,300).

C. On August 28, 2015, the Plaintiff filed an application for provisional seizure against the claim with the Incheon District Court by designating E as the obligor for the claim for the amount of KRW 100,000,000,000, and received a decision on provisional seizure against each claim against the portion of KRW 50,000 out of the portion of the claim for the aggregate for the amount of KRW 50,000 among the claim for the amount of the restoration deposit against Cheongyang-gun and the amount of KRW 50,00,00 among the claim for the return of the restoration deposit against Cheongyang-gun.

In addition, the plaintiff filed a lawsuit against E to claim compensation for oil in the above court.

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