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(영문) 대전지방법원 홍성지원 2018.01.23 2016가단12649
배당이의
Text

1. On December 28, 2016, the distribution schedule prepared by the above court with respect to the distribution procedure D case of the Daejeon District Court Red Branch D.

Reasons

1. Basic facts

A. At the time of March 17, 2016, E drafted a notarized deed of debt repayment contract (Quasi-Loan for Consumption) No. 116 (hereinafter “No. 116), No. 2016 (hereinafter “instant notarized deed”) between E and the Defendant, which was an internal director of the said company, as of March 17, 2016, a notary public with the content that the creditor, obligor E, borrowed amount of KRW 70 million, and the due date was March 18, 2016, to the Defendant, who was a director of the said company, as of March 17, 2016.

B. On March 28, 2016, the Defendant, with the title of execution, received an order of seizure and assignment of the claim for KRW 700 million out of the “G New Construction Work” claim against Asan City under the Hongsung Branch of the Daejeon District Court 2016TT77, namely, Hongsung Branch of the Daejeon District Court, and issued an order of seizure and assignment of the said claim. The said order of seizure and assignment reached the time of Asan on March 30, 2016.

C. The Plaintiff Company received a provisional attachment order of KRW 100,000,000 from the Daejeon District Court Branch of Hongsung Branch of the Daejeon District Court for KRW 2016Kadan1074, 61,526,640, respectively, with regard to each of the above construction cost claims against ASEAN. The provisional attachment order of each of the above provisional attachment was reached at the Asan City on April 4, 2016 and July 15, 2016.

On the other hand, Plaintiff B applied for a payment order against Party B as the Cheongyang-gun District Court Branch of Daejeon District Court 2016Ra33, Jun. 9, 2016, and the said payment order was finalized as of June 9, 2016. On July 13, 2016, Plaintiff B received a seizure and collection order against Party B as to KRW 15,515,324 of the construction cost of the above bonds held by E as the same court 2016T No. 1632, Jul. 13, 2016, and the said seizure and collection order reached the time of Ansan on July 15, 2016.

After October 31, 2016, Asan City deposited the deposited amount of KRW 198,160,740 with five persons, including the Plaintiffs and the Defendant, from the Daejeon District Court, for reasons of competition, etc. with seizure on October 31, 2016. The said execution court deposited the deposited amount of KRW 152,543,347 with the Defendant on December 28, 2016.

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