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(영문) 서울북부지방법원 2019.04.25 2018가단120152
배당이의
Text

1. Defendant among the distribution schedule prepared on May 24, 2018 by the above court with respect to the distribution procedure case of Seoul Northern District Court D.

Reasons

【Judgment on Claim against Defendant C】

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (Judgment on claim against Defendant B);

1. Facts of recognition;

A. The creditor of the Seoul Northern District Court Order 2013Kadan1771 dated March 26, 2013 (hereinafter “instant provisional seizure order”): the debtor E: F Co., Ltd. and the third debtor: F Co., Ltd. and G claim amount: 303,00,000 won

(b) Depositr of Daegu District Court and racing support of the Daegu District Court on March 29, 2013, No. 175 (hereinafter “the amount of deposit in the instant case”): The deposit amount: The deposit amount of KRW 303,000,000: The deposit amount of KRW 303,00: the deposit amount of the provisional seizure decision of this case

(c) Creditor B (Defendant) of the assignment order of claims and assignment order (hereinafter “instant assignment order”) dated July 23, 2013, Seoul Northern District Court Decision 2013 Tazari 13454 (hereinafter “instant assignment order”): Obligor E: Claim amount of the Republic of Korea: Claim amount of KRW 250,000,000; Claim amount of KRW 250,000: Amount of money to be paid from the Republic of Korea out of the deposit amount of this case

D. The Seoul High Court Decision 2013Na2030217 decided December 12, 2014 (hereinafter “the final judgment of this case”): The defendant Eul Co., Ltd. (the plaintiff in this case): The defendant Co., Ltd. (the defendant Co., Ltd.) will pay 103 million won to the plaintiff (the plaintiff Co., Ltd. E) and 6% per annum from April 13, 2013 to December 12, 2014, and 20% per annum from the next day to December 12, 2014.

Fixed date: March 30, 2017 (Dismissal of Appeal to Supreme Court)

(e) Deposit money deposited by the Seoul Northern District Court No. 1601 in April 5, 2017: 160,945,261 (the principal and interest pursuant to the final judgment of this case): Deposit money deposited pursuant to Article 248(1) of the Civil Execution Act, since there exists competition between seizure and attachment

F. The provisional attachment on June 26, 2017 by Seoul Northern District Court 2017TTTT 10639 is a provisional attachment.

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