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(영문) 광주지방법원목포지원 2019.10.16 2016가단8853
배당이의
Text

1. Of the distribution schedule prepared on October 19, 2016 by the said court with respect to the distribution procedure D case of the Gwangju District Court wooden Branch District Court.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff decided to sell sun-dried 235 tons to E Co., Ltd. (hereinafter “debtor”) for KRW 105,750,000, and then delivered the above sun-dried salt to the debtor company around that time. The debtor company did not pay KRW 68,45,000 out of the purchase price (hereinafter “instant purchase price”).

The Plaintiff filed a lawsuit seeking payment of the instant purchase price with Gwangju District Court Decision 2016Gapo2824, and the said court rendered a judgment ordering payment of KRW 68,455,000 of the instant purchase price and delay damages thereon on October 20, 2016.

B. On June 15, 2016, the Plaintiff: (a) filed an application for provisional seizure of corporeal movables with the amount of KRW 74,273,675 (the purchase price in this case and delay damages until the date of filing an application for provisional seizure thereof) as a preserved claim; (b) filed an application for provisional seizure of corporeal sun-dried salt 235 tons indicated as “Plaintiff” in the Yananan-gun, Newanan-gun, the said court’s 2016Kadan717 (hereinafter “the instant site”); and (c) completed the execution of the instant provisional seizure upon receipt of the provisional seizure order (hereinafter “provisional seizure”) from the said court around June 23, 2016.

C. Meanwhile, around March 3, 2016, the debtor company and the defendant prepared a promissory note worth KRW 186,00,000 (hereinafter “instant promissory note”) with the effect that “the borrower company borrowed KRW 186,00,000 from the defendant, offered sun-dried salt located in the new draft-gun owned by the borrower as a security, and notarized as notarial deeds with the amount of 300,000 won in order to secure the right at the time of default by December 31, 2015 (hereinafter “instant monetary lending contract”),” pursuant to the monetary lending contract of July 30, 2014 (hereinafter “the instant monetary lending contract”), and a notary public prepared a promissory note with the face value of KRW 30,00,000 (hereinafter “the instant promissory note”).

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