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(영문) 창원지방법원 2016.05.24 2015가단83951
배당이의
Text

1. The defendant A among the distribution schedule prepared by the said court on September 23, 2015 with respect to the distribution procedure case of Changwon District Court D.

Reasons

1. The following facts are deemed to have been led to the confession between the Plaintiff, Defendant A, and Defendant B. The Plaintiff and Defendant C may be acknowledged either as having no dispute between the parties, or as a whole in light of the purport of the entire pleadings in each of the evidence Nos. 1 and 4.

On November 8, 2002, the Plaintiff filed a payment order against the Plaintiff with the Changwon District Court No. 2002Da1435, no. 2002. The Plaintiff’s claim against the Plaintiff was issued a payment order (hereinafter “instant payment order”) stating that “E shall pay to the Plaintiff KRW 30 million and its delay damages.” The said payment order was finalized on November 28, 2002.

B. 1) On July 22, 2014, the Plaintiff issued a seizure and collection order with the title of execution with respect to KRW 104,249,90, out of the wage claim against the Changwon District Court Msan Branch 2014TY 3523, the Plaintiff issued a seizure and collection order with the title of execution with respect to the instant payment order, and the above decision was served on the garnishee on July 25, 2014. 2) The Defendant issued a seizure and collection order with the aforementioned court on June 30, 2010, as indicated in the attached list No. 1, and issued a seizure order with the E on June 30, 2010, with the interest rate of KRW 60,000,000, annually, 12% per annum, and with respect to the money loan contract entered into by the execution order, and applied for a collection order with the court Order of KRW 201,700,000,000 for the above payment claim and KRW 307.16,2000.

3 As indicated in the [Attachment 2] List No. 2, Defendant B prepared a notarial deed of a loan for consumption with a loan of KRW 30 million between E and E on June 11, 2014, and with a maturity of KRW 20 million per annum on June 13, 2014, and with a phrase of recognition of execution: (a) as indicated above, a notarial deed of a loan for consumption with a term of 20% per annum; (b) based on the said title, the Changwon District Court Msan Branch3090.

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