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(영문) 울산지방법원 2017.06.01 2016가단21239
배당이의
Text

1. The transfer security register concluded between the Defendant and B on October 15, 2015, with No. 775 of 2015.

Reasons

1. Facts of recognition;

A. On November 23, 2015, the Plaintiff filed an application with the Daegu District Court for a payment order against B, claiming for the payment of the price of goods with the Seogu District Court Branch 2015 tea3025, and on November 23, 2015, the Plaintiff received the payment order stating that “B shall pay the Plaintiff KRW 115,271,531 and any delay damages therefrom (hereinafter “instant payment order”). The instant payment order was finalized on December 11, 2015.

B. On October 15, 2015, the Defendant and B drafted a notarial deed of a money loan agreement for transfer security (hereinafter “notarial deed of this case”) to the effect that “B, on August 5, 2015, borrowed 50 million won per annum from the Defendant on August 5, 2015 as interest rate of 24% per annum, due date for repayment, and December 5, 2015, in order to secure the above loan obligation, the corporeal movables in the Epactbook located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant corporeal movables”) owned by B as security, and there is no objection even if they are immediately subject to compulsory execution upon the said loan obligation.”

C. On March 17, 2016, the Plaintiff filed a motion for the auction of corporeal movables with the Ulsan District Court 2016No798 on the ground of the instant payment order.

In the above auction procedure, the instant corporeal movables were sold in total at KRW 13.5 million, and the distribution procedure was initiated to the Ulsan District Court C. D.

On September 23, 2016, a date of distribution, the execution court: (a) distributed the total amount of KRW 12,375,065 to the Defendant on the ground that the remainder of the sales price and the interest calculated by deducting the execution cost from the total sum of the above sales price and the interest; and (b) prepared a distribution schedule with the content that the Plaintiff did not distribute all to the Plaintiff (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of the distribution to the Defendant, and filed a lawsuit of demurrer against the distribution on September 28, 2016.

F. B was in excess of obligations at the time of the preparation of the instant notarial deed.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5.

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