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(영문) 인천지방법원부천지원 2015.11.04 2014가합4773
배당이의
Text

1. Of the principal lawsuit of this case, with respect to the distribution procedure C by the Incheon District Court Branch Branch C, the said court shall make June 18, 2014.

Reasons

1. Facts of recognition;

A. A party’s relevant non-party company is a company that supplied fertilizers to the National Agricultural Cooperative Federation (hereinafter “CF”), and the Plaintiff and the Defendants are creditors of the non-party company.

B. The Incheon District Court 2013Kadan5298 rendered a provisional attachment order to the non-party company’s claim amounting to KRW 74,726,391 as to the retirement expense claim against the non-party company’s agricultural cooperative. The above decision was served on the National Agricultural Cooperative on April 15, 2013, and the Incheon Central District Court issued a provisional attachment order and collection order to transfer the above provisional attachment to the original attachment. The Incheon Central District Court 2013TT was issued.

C. On January 8, 2013, the non-party company: (a) issued a promissory note (hereinafter “instant promissory note”) with face value 200,000,000, the payee, the place of issuance, and the place of payment, and on March 31, 2013 for the payment of the price for the supply of the machinery of the machinery; (b) issued a notarial deed as to the said promissory note (hereinafter “instant notarial deed”) with No. 21 of the E notary joint office No. 2013 on the same day; and (c) issued a notarial deed as to the said promissory note (hereinafter “instant notarial deed”); and (d) based on the authentic copy of the instant notarial deed with executory power, the Plaintiff applied for the attachment and assignment order with a claim amounting to KRW 200,000,000,000 for the fertilizer and the claim for the delivery of the machinery of the non-party company to the Agricultural Cooperative Federation, and received the above order from the National Federation on April 23, 2013.

On April 18, 2013, the non-party company of the collection order issued a promissory note with the face value of 100,000,000 won, the place of issuance, the place of payment, and the place of payment to the defendant A on April 18, 2013 and the date of payment as of May 15, 2013 to a notary public on the same day.

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