logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.01.24 2016가단34966
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The E Co., Ltd. (hereinafter “E”) obtained a loan of KRW 90 million from the F Bank around December 23, 2013, KRW 360 million around January 21, 2014, KRW 60 million around December 24, 2014, and KRW 60 million around December 24, 2014, respectively, and Defendant C offered its deposits as security.

On May 20, 2016 and May 26, 2016, Defendant C entered into a pledge contract with the F Bank and E as the debtor on his/her own deposit claim amounting to KRW 1.56 billion and KRW 1.496 billion, respectively.

B. On August 1, 2015, E (Representative G) issued a promissory note of KRW 2.32 billion at a face value to Defendant C, and on November 18, 2015, a notary public issued to the above Defendant a notarized deed of Promissory Notes No. 207, 2015.

C. On July 1, 2016, Defendant C received KRW 80 million, KRW 560 million, KRW 960 million, and KRW 2.320 billion, in total, due to the repayment of the F Bank’s obligations to F Bank on the same day. G paid KRW 2.32 billion, in total, KRW 1.360 million, and KRW 60 million.

The Plaintiff and the Defendants seized the movable property owned by the said company with the claim on the Notarial Deed for E.

E. In the distribution procedure of E-owned movables, the Changwon District Court, in the order of August 25, 2016, set up a distribution schedule (Evidence A5) that distributes the amount of KRW 845,473, and KRW 3,170,526, KRW 3,572, and KRW 124, and KRW 24,518,729 to the Defendant C, respectively, to the Plaintiff, who is the seizure authority.

F. On August 25, 2016, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendants’ dividends. On August 25, 2016, the Plaintiff filed the instant lawsuit on August 25, 2016, prior to the lapse of one week.

G. Meanwhile, G was written by a notary public against Defendant B as the debtor and joint and several sureties, respectively, the notarial deeds in the monetary loan contract of No. 122 of 2015 and the money loan contract of No. 27 of 2015 as the money loan contract of No. 27 of 2015.

arrow