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(영문) 수원지방법원안산지원 2017.09.22 2016가단25355
배당금 이의
Text

1. An auction case of the security deposit of real estate C with the Suwon District Court, prepared on October 25, 2016 by the said court.

Reasons

1. Basic facts

A. The Defendant concluded a supply contract with the Plaintiff, and supplied the original team to the Plaintiff by September 12, 2014.

B. On July 14, 2014, the Defendant completed the registration of the establishment of a mortgage over the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 60,000,00 regarding the building owned by the Plaintiff (No. D. and No. 1st floor E) in order to secure the Plaintiff’s claim for the supply of goods.

C. On October 25, 2016, the Defendant filed an application for the auction of real estate rent to Suwon District Court A, and the above court distributed the Defendant the maximum debt amount of KRW 60,000,000 to the Defendant, and the distribution schedule that does not have the amount of dividends to the Plaintiff who is the debtor and the owner of the right to collateral security (hereinafter “instant distribution schedule”), and the Plaintiff appeared on the date of distribution on the date of distribution and stated an objection against the Defendant as to the entire amount of dividends to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff allegedly received the original 26,000 won from the defendant, and claimed that the price of delivered goods was KRW 96,20,000,000 on January 24, 2014; KRW 10,000,000 on January 28, 2014; KRW 10,000,000 on June 30, 2015; KRW 15,900,000 on August 1, 2015; KRW 10,000,000 on KRW 15,90,000,000 on KRW 5,80,000 on the amount of delivered goods; KRW 00,000 on the amount of paid damages due to defects in Chapter 5,803; KRW 60,000 on the amount of paid goods; KRW 06,00-1,000 on the amount of paid goods by the defendant; KRW 2005,000-10 on the amount of paid damages.

On March 4, 2014, the Defendant had a balance of 13,457,50 won for the supply of goods at the time of March 4, 2014, and thereafter an additional amount was incurred until September 12, 2014.

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