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1. Of the distribution schedule prepared on April 29, 2016 by the said court with respect to the Jeju District Court B distribution procedure case, the defendant is against the defendant.
Reasons
1. Facts of recognition;
A. On Aug. 20, 2003, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against C for the claim for the amount of the transfer income, and sentenced on Aug. 20, 2003 to the Daejeon District Court that “C shall pay to the Plaintiff the amount calculated at the rate of 21% per annum from October 1, 2002 to the date of full payment” (Seoul District Court Decision 2003Da3328). The above judgment became final and conclusive on Sept. 18, 2003.
B. The Plaintiff, as the Jeju District Court 2015TTB5T2538, filed an application for a decision of acceptance with respect to the claim held by C against the Korean bank, etc.
On January 18, 2016, the Defendant prepared a notarial deed of a notary public loan agreement No. 105 of 2016 (hereinafter “notarial deed of this case”) with the content that “C borrowed KRW 500 million from the Defendant on April 22, 2015 at the maturity of payment on December 30, 2015, interest rate of KRW 50 million per annum, and damages for delay at 25% per annum.” On January 18, 2016, the Defendant received a decision of acceptance upon filing a claim attachment and collection order with the Jeju District Court 2016No. 512 with respect to the claims held by C against Non-C Card Co., Ltd.
C. On April 29, 2016, Hyundai Card Co., Ltd., the garnishee, conducted the distribution procedure in B with respect to the deposited money, and the said court drafted a distribution schedule to distribute the amount of KRW 2,173,702 to the Plaintiff, and KRW 1,647,180 to the Defendant, respectively.
【Reasons for Recognition: Evidence Nos. 1 through 4, the purport of the whole pleadings】
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Claim of KRW 500 million, which the Defendant asserted against C, is a false claim created by a prior agreement between the Defendant and C. (2) Defendant 2, April 22, 2015, setting the amount of KRW 410 million to C per annum and the due date until April 22, 2016, real estate owned by C as security.