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(영문) 제주지방법원 2015.03.03 2014가단12521
배당이의
Text

1. The defendant among the distribution schedule prepared by the same court with respect to the distribution procedure case B in the Jeju District Court on August 22, 2014.

Reasons

1. Indication of claim;

A. On September 18, 2012, the Plaintiff’s obligation against the Defendant was determined as KRW 206,035,800 by the Jeju District Court Decision 2012 Gohap2190 Gohap201.

B. The Defendant received KRW 215,408,950 in total from the Plaintiff during the period from January 29, 2013 to February 14, 2014, the total amount of the claims, including interest, calculated as of February 14, 2014, is KRW 214,328,179. As such, the Defendant received KRW 215,40 in total from the Plaintiff during the period from January 29, 2013 to February 14, 2014.

C. On April 25, 2014, the Defendant received full repayment of all of the claims as above and received additional dividends in the Jeju District Court C’s distribution procedure even though there was no claim, and the said judgment became final and conclusive upon being sentenced to the judgment dismissing the amount of dividends through a lawsuit of demurrer against distribution.

Nevertheless, the Defendant again received the dividends of KRW 4,412,603 on August 22, 2014 in Jeju District Court B’s distribution procedure case, and the said dividends were erroneously paid.

E. Accordingly, on August 22, 2014, the Plaintiff stated an objection against the whole Defendant’s dividends on the date of distribution.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;

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