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(영문) 의정부지방법원 2015.01.13 2014가단27593
배당이의
Text

1. Defendant . Of the distribution schedule prepared on June 26, 2014 by the same court with respect to distribution procedures cases in the District Court District Court DD.

Reasons

1. Facts without dispute;

A. On around 2013, while the Plaintiff owned the claim amounting to KRW 45 million against Nco Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Plaintiff received from the Nonparty Co., Ltd. a notarial deed from the Nonparty Co., Ltd. that a notary public recognizes compulsory execution based on a promissory note equivalent to the above claim amount under No. 25, 2013. After that, the Nonparty Co., Ltd failed to pay the above debt to the Plaintiff, the Plaintiff filed an application for compulsory execution on the property of the Nonparty Co., Ltd. based on the above notarial deed.

B. Accordingly, the distribution procedure (hereinafter “instant distribution procedure”) was initiated in relation to the deposited money deposited in gold No. 2491 in 2014 on behalf of the non-party company D with the Jung Government District Court D. On June 26, 2014, the said distribution court drafted a distribution schedule to the Defendant C, the execution creditor of the non-party company, who is an execution creditor of the KRW 18,524,61,27,000,000, and KRW 27,786,917,777,000,000, and KRW 7,204,105,000,000, to distribute the dividends of KRW 58,146,696,696,700,000 to the Plaintiff, among the amount to be actually distributed on the distribution date (hereinafter “instant distribution schedule”).

C. On the aforementioned date of distribution, the Plaintiff raised an objection against the total amount of the Defendants’ dividends, and thereafter filed the instant lawsuit on July 3, 2014, within one week thereafter.

Meanwhile, in the case of Defendant B, the Defendants participated in the distribution procedure of this case is the authentic copy of promissory note in the amount of KRW 120 million per face value per law firm No. 473, 2013 and the authentic copy of promissory note in the amount of KRW 150,000,000 per face value per law firm No. 472, 2013 (hereinafter collectively referred to as “certificate of promissory note in the name of Defendant B”), and in the case of Defendant C, the promissory note in the same law firm’s certificate in the case of Defendant C is the authentic copy of promissory note in the amount of KRW 478,70,000.

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