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(영문) 청주지방법원충주지원 2015.12.16 2015가단3467
배당이의 등
Text

1. The claims indicated in the separate sheet concluded on September 4, 2014 between the defendant and the non-party corporation and the non-party corporation Tyle P.

Reasons

1. Fact-finding;

A. As of July 18, 2014, the Plaintiff has a claim for the price of goods in KRW 49,504,272 against the non-party Red Pream Co., Ltd. (hereinafter “non-party corporation”).

B. On September 4, 2014, in relation to the performance of the goods payment obligation against the Defendant, the Nonparty Company entered into a contract to transfer to the Defendant the claim indicated in the separate sheet against Hyacom LS (hereinafter “instant contract for assignment of claims”).

C. At the time, the non-party company owned the real estate worth KRW 3,355,06,270, in addition to the claims indicated in the separate sheet. However, since the sum of the maximum debt amount and the claim amount of the provisional seizure established on the real estate reaches KRW 7,554,365,132, the non-party company exceeded its obligation by transferring the claims indicated in the separate sheet under the agreement on assignment of claims in the instant case.

A. The plaintiff on the non-party company

On October 7, 2014, in order to receive the claim for the payment of the goods stated in the Paragraph, the non-party company was determined to attach and collect the claim amounting to KRW 49,504,272, out of the claims against YS Co., Ltd. as stated in the attached list.

E. On January 8, 2015, wellcomS Co., Ltd. deposited KRW 129,506,465 on the grounds that notice of the transfer under the instant assignment contract was given due to the competition between the seizure and collection order of the claim and the provisional seizure of the claim regarding the non-party company’s obligation to pay for the goods.

(No. 2015. On June 3, 2015, with respect to the distribution procedure A case involving the Cheongju District Court with respect to the said deposit, the said court distributed 104,225,273 won to the Defendant as a transferee under the instant assignment contract on the date of distribution on the date of distribution, and prepared a distribution schedule with the content that the Plaintiff did not distribute to the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, entries in Gap evidence 1 to 14 (including a branch number), the purport of the whole pleadings

2. The obligor who is in a state of excess of the judgment.

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