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(영문) 의정부지방법원 2018.12.12 2018가단4420
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2011, the Plaintiff’s attachment 1 of the Plaintiff’s investment certificates for the E-mutual aid association of D Co., Ltd. D (F Co., Ltd. before the change; hereinafter “D”).

2) The judgment of the above court that “D shall pay to the Plaintiff 117,538,703 won and the amount calculated by the rate of 25% per annum from July 1, 2011 to the day of full payment” (hereinafter “the judgment of this case”) by raising a loan claim lawsuit against Eul as the District Court Decision 2011Ga13514, August 22, 2012

(2) On October 22, 2017, the instant judgment became final and conclusive on September 20, 2012. (2) The Plaintiff was ordered to attach the investment certificates that D holds with respect to E Financial Cooperative (hereinafter “instant investment certificates”) as KRW 253,558,400, the obligor D, third obligor E Financial Cooperative, and the claimed amount of KRW 253,58,000, based on the judgment of this case, and the seizure order for the said investment certificates was served on E Financial Cooperative on October 25, 2017, and on February 21, 2018, respectively.

B. D) On November 30, 2010, the Defendant’s seizure 1 on the investment certificates for D’s E Financial Cooperative issued to the Defendant a promissory note amounting to KRW 220 million at face value and KRW 220 million at sight on the date of payment. On May 16, 2011, D’s entrustment to a notary public’s G office affiliated with the Speaker’s Office of the Government Public Prosecutor’s Office, entrusting the Defendant to a notary public’s G office affiliated with the Speaker’s Office of the Government’s Office to recognize the compulsory execution against the said Promissory note under Articles 346 and 201 (hereinafter “notarial deed

(A) A. On April 22, 2011, a notarial deed (hereinafter referred to as “notarial deed of the instant two Promissory Notes”) which, on commission to the above G G G office on May 16, 201, is issued to the Defendant at a face value of KRW 130,00,000,000 for a payment date, and is a notarial deed which, on commission to the above G G office on May 16, 2011, recognizes the compulsory execution of the said Promissory Notes (hereinafter referred

2) The Defendant, on the basis of the Notarial Bill No. 1 and No. 2 of this case, is the debtor D, the garnishee E-Financial Cooperative, and the amount claimed by the Defendant on April 7, 2017.

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