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(영문) 서울서부지방법원 2015.12.04 2015나2366
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff received a provisional attachment order on D’s real estate owned by the Plaintiff as Seoul Western District Court Decision 201Kahap899, and D deposited KRW 125,382,550 (hereinafter “instant deposit”) with the Seoul Western District Court Decision 5686, Sept. 9, 201, and released the provisional attachment of real estate.

B. The Plaintiff filed a lawsuit against D with the Seoul Western District Court 2012Gahap6271, and the Seoul High Court 2012Na73976, the appellate court of the instant case, “D shall pay the Plaintiff KRW 168,00,000,000 by June 30, 2013, and if the said amount is not paid by the payment date, it shall be paid by adding the amount at the rate of 20% per annum from the date following the payment date to the date of full payment.” The settlement recommendation decision was finalized on May 20, 2013.

C. On April 9, 2013, the Defendant: (a) prepared a notarial deed of a bill to the effect that a notary public recognizes compulsory execution on April 30, 201 with respect to a promissory note (hereinafter “instant note”) issued by D, the par value of KRW 10 million; (b) the date of issuance May 30, 201; and (c) the date of payment; and (d) received a seizure and collection order against D’s right to claim the collection of the instant deposit against D as Seoul Western District Court Decision 2013TTT6395, May 3, 2013, based on the said notarial deed, on May 3, 2013. The said seizure and collection order was served on the Republic of Korea on May 7, 2013.

On May 8, 2013, the Republic of Korea deposited the instant deposit and interest, filed a report on the grounds therefor, and the distribution procedure was commenced in Seoul Western District Court B. On August 1, 2013, the distribution schedule was prepared to distribute the amount of KRW 117,945,798 to the Plaintiff, a person holding a provisional attachment right, and KRW 9,428,643 to the Defendant, a person holding a collection right, as the date of distribution. The Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Gap evidence No. 5-1 and Eul evidence No. 2.

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