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(영문) 수원지방법원안산지원 2017.10.18 2016가단30043
배당이의
Text

1. The distribution procedures B prepared by the said court on December 14, 2016 with respect to the distribution procedures case set forth in the Suwon District Court Ansan Branch B.

Reasons

1. The Plaintiff’s indication of the claim has a monetary claim amounting to KRW 360 million on the No. 75 of the No. 2015 No. 755 of the No. 2015 against Non-Party Holdings Holdings Co., Ltd. by a notary public.

The jurisdiction of the Republic of Korea (referred to as the "Jurisdiction") was scheduled to pay KRW 209,058,262 of the value-added tax refund, which occurred from November 5, 2014 to December 19, 2014, to the said three brokerage companies.

In around 2016, the Plaintiff: (a) as a debtor, and (b) as a third debtor, the Plaintiff: (c) seized and collected the above value-added tax refund amounting to KRW 209,058,262 against Korea; (d) the Plaintiff’s claim of KRW 209,058,262 (this court 2016 other 6351).

On March 25, 2015, the Defendant received from the Suwon District Court a decision on the provisional seizure of claims against the debtor and the third party debtor against the Republic of Korea (2015Kadan1023) regarding the above value-added tax refund amount of KRW 209,058,262 against the Republic of Korea.

The Defendant’s right to preserve against the above Span Holdings Holdings Co., Ltd. alleged in receiving the above provisional seizure order (2015Kadan10023) is the obligation that the Defendant acquired from the Span Holdings Co., Ltd. the amount of national tax (value-added tax) refund equivalent to KRW 209,058,262 of the above paragraph (2).

Around 2016, the Republic of Korea (the jurisdiction of the Republic of Korea) deposited the execution (B) with the Suwon District Court for KRW 209,058,260 of the value-added tax refund (the value-added tax refund).

On December 14, 2016, the Suwon District Court prepared a distribution schedule for the deposit money (209,122,082 won to be actually distributed) under the above paragraph (6) above (209,122,08,260 won = interest of 209,058,260 won - 14,200 won for enforcement expenses) (B). Under the above distribution schedule, the Plaintiff’s amount of dividend under the above distribution schedule was “131,681,168 won,” and the Defendant’s amount of dividend was “76,469,544 won.”

Accordingly, the Plaintiff appeared on December 14, 2016 on the date of the above distribution, and is the creditor corporation.

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