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(영문) 창원지방법원 2015.09.10 2015가단9441
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the statements in Gap evidence Nos. 1 through 5, Busan District Court’s Dong Branch (2012Gahap5383) rendered on December 13, 2013, that “the defendant shall pay to the plaintiff 1.7 billion won and the amount calculated at the rate of 5% per annum from December 18, 2012 to December 13, 2013, and 20% per annum from the next day to the date of full payment” attached a provisional execution declaration; the plaintiff shall be the Changwon District Court B on February 25, 2014; the judgment of the above case shall be the executive title; the defendant shall be the principal and damages for delay ordered by the above judgment; the execution court shall be deemed to have filed an application for compulsory auction against the plaintiff on December 18, 2012; the above order of compulsory auction shall be deemed to have been 60 million won per annum 276 billion won per annum 360 million won per annum; the plaintiff 26165.256.275.27.25

2. The Plaintiff’s assertion 1) In the appellate court of the case No. 2012Gahap5383, Busan District Court’s Dong Branch, the Plaintiff extended the claim for interest and delay damages and rendered a judgment citing the above appellate court’s ruling, so the amount of dividends against the Plaintiff ought to be determined accordingly. 2) Since the Defendant raised an objection against the amount of dividends on the Plaintiff as stated in the distribution schedule prepared by the Changwon District Court case No. 2, and the Plaintiff failed to receive the dividends specified in the above distribution schedule, the Defendant is obligated to compensate for the amount equivalent to the statutory interest during the period from the day following the date of preparation of the distribution schedule to the date of

3. Determination

A. According to the Gap evidence No. 4 as to the assertion on expansion of the purport of the claim, the plaintiff is the Dong branch of Busan District Court.

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