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(영문) 청주지방법원영동지원 2016.05.27 2014가단2050 (1)
배당이의
Text

1. The counterclaim of this case shall be dismissed.

2. As to the distribution procedure D case in Youngju District Court Young-dong Branch D, the above court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 17, 2013, the Cheongju District Court Decision 2013Da504 decided and its final decision 1), the Plaintiff filed a lawsuit against the Defendant and E for a loan claim under the Youngju District Court Young-dong Branch 2013Kahap504 decided Oct. 17, 2013. The content of the lawsuit is as follows: “Defendant and E shall jointly and severally pay to the Plaintiff 138,963,133 won, and 100,000 won with 38,963,133 won from November 1, 2009, 38,963,133 won from September 25, 2013 to the day of full payment; “The amount calculated at the rate of 1.2% from September 25, 2013 to the day of full payment; the court shall be jointly and severally paid to the Plaintiff 137,198,100 won to the Plaintiff; and the remaining amount of 30.10% from 20.10

3) Defendant and E appealed against the above judgment as the Daejeon High Court (Cheongju), but the appeal was dismissed on June 2, 2015, and the judgment of the first instance became final and conclusive on June 23, 2015. (B) As to the corporeal movables (hereinafter “instant movables”), which were designated as the Defendant’s possession in the F Multi-household 101 and 201 (hereinafter “multi-household 201”) located in the Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, (hereinafter “multi-household”), Nonparty G, the Defendant’s creditor, filed an application for an auction of corporeal movables (hereinafter “instant auction procedure”).

2 In the auction procedure of this case, the execution officer belonging to the Youngju District Court and the Youngju District Court tried to distribute the proceeds from the sale of the movable property of this case to the creditors through consultation, but the above G was unable to make a distribution by raising an objection against it.

On November 7, 2014, Cheongju District Court Decision 23,197,919 won as Cheongju District Court No. 262 of 2014.

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