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(영문) 인천지방법원 2019.03.13 2018가단232286
배당이의
Text

1. Of the distribution schedule prepared by the said court on June 21, 2018 with respect to the distribution procedure case of the Incheon District Court C, the defendant is against the defendant.

Reasons

1. Basic facts

A. On April 3, 2014, the Incheon District Court 2003Kahap3917 claim for the refund of lease deposit against the Plaintiff (Appointed Party, hereinafter “Plaintiff”) and the Selection D received a claim amounting to 589,031,698 won (Plaintiff 443,295,785,785, designated Party D145,913 won)’s claim amount with respect to the claim for rent for the first floor of H department department stores located in Incheon Seo-gu, Incheon District Court 2014 to recover the claim based on the judgment of the Incheon District Court 2003Kahap3917 claim for the refund of lease deposit against E (hereinafter “E”), and the said decision was served on the garnishee on April 8, 2014.

B. On August 20, 2012, E issued a notarized deed No. 1436 of 2012 (hereinafter “notarial deed of this case”) to the Defendant, stating that “E, as an obligor, borrowed KRW 1.5 billion on March 7, 2007, the due date for repayment was 24% per annum and interest rate was 21,00,000,000,000,000 from the Defendant.”

C. Based on the instant notarial deed against E, the Defendant received the claim amounting to 4,100,876,712 won (interest 2,600,000,000 won per annum from March 8, 2007 to May 28, 2014) with respect to the claim for rent for the first floor below the H department store located in Seo-gu Incheon, Seo-gu, Incheon, in which the debtor E is against the third obligor F, as the method of Incheon District Court 2014, Jun. 2, 2014, the Defendant received the attachment and collection order of the claim amounting to 4,100,876,712 won (interest 2,60,876,712 won calculated by the rate of 24% per annum from March 8, 2017 to May 28, 2014). The above decision was served on the third obligor on June 9,

The third debtor F is obliged to pay 2,00,000 won to E on July 25, 2014 on the ground of seizure competition, and as the enforcement deposit was made under Incheon District Court 2014Hun6189, Incheon District Court C with respect to the above deposit, the distribution procedure of this case (hereinafter referred to as "the distribution procedure of this case") was in progress.

E. In the instant distribution procedure, the executing court distributed KRW 22,037,500,000 to the actual amount to be distributed after deducting the execution cost on June 21, 2018, the date of distribution, and the Plaintiff.

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