logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.01.10 2019가단11960
배당이의
Text

1. Of the distribution schedule prepared by the above court on January 23, 2019 with respect to the distribution procedure D case of the Incheon District Court Branch D branch court.

Reasons

1. Basic facts

A. On April 6, 1993, the LAF entered into a credit-limit trading agreement with G MA and agreed to discount bills, and E has jointly and severally guaranteed the debt to GAF.

Since then, on August 9, 2002, the LAF filed a claim suit, such as a loan, against GAB and E, etc. (Seoulcheon District Court Decision 2002Da18946) and rendered a final and conclusive judgment on August 9, 2002 that “GAB and E shall jointly and severally pay the amount of KRW 58,710,734 and KRW 39,470,675, whichever is 19% per annum from February 13, 199 to the date of full payment.”

B. On July 12, 2004, the payment order (Seoul Central District Court No. 2012 tea61030) was finalized on September 7, 2012, “The debtor jointly and severally liable to creditors for damages calculated by the ratio of 19% per annum to KRW 132,302,793 and KRW 33,445,517 from September 23, 2009 to the date of full payment”.

On May 21, 2009, the Plaintiff, with the title of execution, received a seizure and collection order (Ycheon District Court Branch Branch 2009TTT 3641) regarding the claims against E IF associations, etc.

C. Meanwhile, on June 8, 2009, Defendant B received a seizure and collection order (the above court No. 2009T 3986) as to the claim against E’s IF as its executive title on a promissory note amounting to KRW 300 million at the face value issued by E (No. 43, 2009, hereinafter “No. 1 notarial deed”). Defendant B received the seizure and collection order (the above court No. 2009T 3986) from September 23, 2009 as to the claim against E’s IF due to the deposit of the IF.

After June 20, 2018, Defendant B and E shall transfer to Defendant C KRW 150 million out of KRW 300,000 according to the notarial deed No. 1 and consent thereto, and E shall prepare a letter of agreement with Defendant C to prepare a notarial deed of KRW 150,00,000,000. Accordingly, E shall prepare a letter of agreement with Defendant C as the addressee on September 17, 2018, and the face value shall be KRW 150,00,000.

arrow