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1. The part of the defendant's successor's claim for confirmation of dividend claims shall be dismissed;
2.The judgment of the first instance is as follows:
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff is the Intervenor succeeding to the Defendant (hereinafter “Successor Intervenor”).
(2) On November 14, 2013, the Plaintiff filed a lawsuit seeking a penalty against the succeeding intervenor on April 10, 2014 (Seoul Western District Court Decision 2014Kadan2360), and on the ground that it is reasonable to reduce the penalty amount to KRW 10,00,000,00 for damages under the penalty agreement, the succeeding intervenor’s claim amount to KRW 100,000 is paid to the Plaintiff and the third debtor to the Republic of Korea. On April 10, 2014, the Seoul Western District Court rendered a decision on provisional seizure of claims against the succeeding intervenor on April 10, 2014 (Seoul Western District Court Decision 2014Kadan2360, Seoul Western District Court Decision 2000,000 and damages for delay was paid to the Plaintiff (Seoul Western District Court Decision 200, Dec. 11, 2014).
Seoul High Court (Seoul High Court Decision 2015Na2003479 decided October 23, 2015). (b)
Defendant’s claim 1) The Defendant’s payment order (Seoul District Court Branch Branch No. 2014Da1848, Jun. 11, 2014; hereinafter “the instant payment order”) seeking KRW 2,400,000 against the succeeding Intervenor on June 11, 2014, seeking payment amount of KRW 2,40,000.
(2) On June 18, 2014, the succeeding intervenor served a service and filed an objection on July 1, 2014, and again withdrawn on the same day, and thus the above payment order became final and conclusive. (2) The Defendant received a seizure and collection order on July 30, 2014 as to KRW 2,40,000,000, out of the right to claim the dividend payment of the said real estate auction case as the title of execution.
(The High Court Decision 2014TTT 20106, hereinafter referred to as the “instant claim seizure and collection order”).
The deposit officer of the Seoul Western District Court on April 18, 2014 in the process of the instant distribution procedure.