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(영문) 인천지방법원 2015.07.02 2013가단239503
배당이의
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On March 22, 2013, the Plaintiff received a seizure and collection order against the third obligor D’s third obligor MCo Industrial Development Co., Ltd. with respect to the collateral security claims.

Jincheon District Court 2013 Other 6412

B. With respect to the foregoing right to collateral security (mortgage), on August 29, 2013, Defendant A received the seizure and collection order under Seoul Eastern District Court 2013TTT14862, Defendant B, Seoul East Eastern District Court 2013TT14711, and Defendant C Product Accounting Co., Ltd. (Defendant Company) issued the seizure and collection order under the Seoul Eastern District Court 2013TTT1498, respectively.

C. When the seizure of the above-mortgaged claim was concurrent, E deposited KRW 135,00,000 with the Suwon District Court Decision 2013No2144 on November 7, 2013.

On December 23, 2013, the distribution procedure was conducted in Incheon District Court C with respect to the above deposit, and this Court drafted a distribution schedule with respect to KRW 135,051,828 of the dividend amount of KRW 49,848,493 of the Plaintiff, KRW 39,241,505 of the Plaintiff, KRW 34,83,319 of the Defendant Company, KRW 34,83,319 of the Plaintiff, and KRW 11,128,51 of the Defendant Company.

The Plaintiff raised an objection to the entire dividend amount of the Defendants.

[Ground of recognition] Facts without dispute, evidence A1 to 5, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that "The defendant's claim against D is the most important claim, and thus, the amount of dividends against the defendants should be deleted and the amount of dividends 49,848,493 won against the plaintiff should be corrected to KRW 135,051,828."

The defendants asserted that "The plaintiff's claim is without merit since they are creditors who have lent money to D in fact."

B. Reviewing the reasoning of the judgment, as follows: (a) Defendant A lent KRW 363,20,000 from October 2008 to December 2, 2010; (b) Defendant B lent KRW 322,400,000 from February 2012 to November 201, 2012; and (c) Defendant D Product Distribution Co., Ltd lent KRW 100,000 on February 4, 2013.

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