logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.01.17 2018가단1417
배당이의
Text

1. Of the distribution schedule prepared on January 25, 2018 by the above court with respect to distribution procedure C by the Goyang Branch District Court.

Reasons

1. Basic facts

A. E, F, G, and H (hereinafter referred to as “E, etc.”) who were the owner of the instant real estate in Yongsan-gu, Busan-gu, Manyang-si (hereinafter referred to as “instant real estate”) filed a lawsuit of demurrer against the distribution of the instant real estate by a party member I, etc. on December 30, 2015 concerning the said real estate.

B. On January 25, 2018, with respect to the amount recovered in a lawsuit of demurrer against the distribution, a party member drafted a distribution schedule as follows (hereinafter “instant distribution schedule”) in C’s distribution procedure case.

Creditors J 1 Creditors J 20,00,000 won, 2, dividend order 35,284,390 won, 442,589,143 won, amount of credit, 2, dividend order 70,984,036 won, amount of dividend

C. The Plaintiff raised an objection against the total amount of the dividend on the instant dividend table against Defendant D.

Under the instant distribution schedule, the Plaintiff received dividends as a collection authority for party members 2017TT 7860 based on the judgment of the case, etc. of 2012Gahap10485 (principal lawsuit).

E. The Defendant received dividends as a collection right holder based on the payment order for loans, etc. for the party members 2016 tea815 (hereinafter “instant payment order”) (hereinafter “instant payment order”).

2. The plaintiff's main claim

A. Although the defendant did not lend money to E, etc. by the plaintiff's assertion, the defendant received dividends under the payment order of this case, the defendant must correct the dividend amount of KRW 35,284,390 to KRW 0, and the dividend amount of KRW 70,984,036 to the plaintiff to KRW 106,268,426.

B. The Defendant’s assertion that the check, etc. received by the business partner, etc. is in the relationship with the construction business, and received a simplified loan certificate, there is no direct financial transaction details.

On November 13, 2008, 200,000 won, 30 million won on December 3, 2008, and 20 million won on March 2, 2009, transferred to E in the name of K Co., Ltd. operated by the Defendant, and lent to E, and thereafter, the maximum debt amount shall be determined as to the shares of Soyang-gu L 215/5369 on December 16, 2008, which are owned by E.

arrow