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(영문) 전주지방법원군산지원 2016.04.26 2015가단7409
배당이의
Text

1. On August 19, 2015, with respect to the case of Jeonju District Court Military Branch C, the defendant is the defendant among the distribution schedule prepared by the above court.

Reasons

Basic Facts

The Plaintiff has a claim equivalent to “75,466,663 won and 20% interest per annum from June 11, 2015 to the date of full payment” against D Co., Ltd. (hereinafter “Nonindicted Company”).

Around March 2015, the Plaintiff provisionally attached the claim for return of the deposit money of Nonparty Company to the Republic of Korea (hereinafter “instant seized claim”). However, around March 2015, the Jeonju District Court’s Gunsan Branch 2015Kadan316, the Plaintiff’s claim for return of the deposit money was provisionally attached.

The defendant also asserted that he is the creditor of the non-party company and received a seizure and collection order against the non-party company's claim to return the deposit money.

On July 1, 2015, the Jeonju District Court started the enforcement procedure of the instant seized claim.

On August 3, 2015, the Plaintiff submitted a claim statement in which the claim against the non-party company was KRW 75,466,663 to the above court, and the Defendant submitted the claim statement in which the claim against the non-party company was KRW 35,00,000.

On August 19, 2015, the above court distributed KRW 8,673,97 to the Plaintiff, and KRW 4,022,835 to the Defendant, respectively, on the premise that the amount of actual dividends out of the instant seized claims is KRW 13,35,014.

The plaintiff appeared on the date of the above distribution and stated that he has an objection to the total amount of the dividend of the defendant.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 2, 5, 6, and 7, and the plaintiff's argument as to the plaintiff's claim of the whole purport of pleading is the plaintiff's lawsuit of Eul, a director of the non-party company, and the representative director

Since the Defendant’s claim that Nonparty Company holds is false claims, it was erroneous for the Defendant to distribute KRW 4,022,835 to the Defendant in the enforcement procedure for the instant seized claim.

Therefore, the amount distributed to the defendant should be deleted in whole and the amount distributed to the defendant should be corrected as the amount of the plaintiff's dividend.

part.

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