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1. The part against Defendant B among the judgment of the first instance is revoked.
2. The FF vessel's compulsory auction in the Gwangju District Court.
Reasons
1. Basic facts
A. On November 2014, the Plaintiff filed an application against D for a payment order claiming payment of the amount of KRW 140,970,000 per annum from the day following the delivery date of the original payment order to the day of complete payment, which is calculated at the rate of 20% per annum from the next day of the delivery date of the original payment order.
The above court issued a payment order on November 14, 2014, and the above payment order was finalized on December 2, 2014.
B. After that, on July 30, 2015, the Plaintiff filed an application for a compulsory auction against D-owned ships to the Gwangju District Court Net BranchF, and on July 31, 2015, the decision to commence compulsory auction was rendered, and the auction procedure for the said ships (hereinafter “instant auction procedure”) was commenced.
C. On the date of distribution of the instant auction procedure opened on February 23, 2016, Gwangju District Court’s net support: (i) i) 21,015,273 won in the order of 3rd priority to Defendant B, who is a distribution right holder; (ii) iii) 11,315,916 won in the order of 3rd priority to Defendant C, who is a distribution right holder; and (iii) 57,140,159 won in the order of 3rd priority to the Plaintiff, who is an applicant creditor (hereinafter “instant distribution schedule”).
D. On February 23, 2016, the Plaintiff filed the instant lawsuit on February 24, 2016, after raising an objection to the total amount of dividends against the Defendants on the date of the said distribution open on February 23, 2016. [Grounds for recognition] The Plaintiff did not dispute, A’s evidence 1 through 3, and 5 (which include the serial number; hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. Determination on this safety defense
A. The Defendants asserted as follows: (i) the purport of the instant complaint’s claim is as follows: (ii) the amendment of the distribution schedule prepared by the above court on February 23, 2016 with respect to the distribution of the F Real Estate Auction case for Mine District Court’s Net District Court’s Net Auction case; (iii) stated that the dividend amount of Defendant B is KRW 65,000,000 for Defendant C; and (iv) the dividend amount of Defendant C is corrected to KRW 35,000,000 for each of 0 won; and (iv) the purport of the instant complaint as of February 25, 2016.