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(영문) 제주지방법원 2020.01.23 2018가합1229
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 24, 2017, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) provisionally attached each of the credit against EF and G with the claim amounting to KRW 830,912,980 with Jeju District Court 2017Kahap113, which was KRW 830,912,980.

B. On December 7, 2017, Plaintiff B attached the claim amount of KRW 200,000,000 as Jeju District Court Decision 2017Kadan1657 on December 7, 2017.

C. F and G made a mixed deposit of KRW 850,479,341 as the Jeju District Court Deposit No. 2231 in December 14, 2017.

On October 12, 2018, the Defendant was issued a collection order for the seizure and collection of the claim against the Republic of Korea as the Jeju District Court 2018TTT 24040, with the amount claimed as KRW 443,511,124.

The above order is based on the Defendant’s executory payment orders (hereinafter “relevant payment orders”) for the loans extended by Seopo District Court 2018j356, Seopopo City Court 2018j356.

To borrow and enter into an agreement on the following matters at a fixed rate of KRW 430,000,000 for daily gold (430,000,000):

1. Period for repayment of money: Until June 30, 2018;

2. Agreement on interest: 10% per annum;

8. The above borrowed amount is the principal and interest settlement amount from 2012 to ever.

E. Meanwhile, the relevant payment order is filed by the Defendant on the basis of the loan certificate as of October 1, 2017, which was written by E and signed and issued to the Defendant (hereinafter “instant loan certificate”).

The main contents of the above loan certificate are as follows:

E. The distribution procedure was initiated to Jeju District Court D with respect to the said deposit.

On December 14, 2018, the aforementioned court drafted a distribution schedule that distributes dividends to the Plaintiffs and the Defendant as indicated in the following table (hereinafter “instant distribution schedule”).

On the date of the above distribution, the Plaintiff Company stated the whole amount of dividends to the Defendant, and the Plaintiff B stated their respective objections against KRW 200 million out of the amount of dividends to the Defendant, and the instant creditor on December 20, 2018.

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