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(영문) 창원지방법원진주지원 2016.08.12 2015가단9314
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party has a claim against D based on the ruling on the loans case No. 2013Gahap6991 (hereinafter “related judgment”).

B. On June 19, 2015, Article 1 (Purpose D) of the Preparation of Notarial Deed borrowed KRW 200,000 to the Defendant by July 15, 2009, and made an offer to repay in accordance with the following provisions, and the Defendant accepted it.

Article 2 (Period and Method of Performance) D shall pay to the defendant the above amount by June 26, 2015.

Article 3 (Interest) The interest on the above amount of debt shall be the amount at the rate of 1% per month, and the interest shall be paid to the defendant on the last day of each month.

Article 5 (Compensation for Delay) D shall, when it delays the repayment of the above amount, pay damages for delay at the rate of 20% per month for the delayed amount.

Article 8 (Recognition of Compulsory Execution) D acknowledged that there was no objection even if compulsory execution was conducted immediately when the obligation under this contract is not fulfilled.

D On June 19, 2015, the D prepared and delivered to the defendant a notarial deed of debt repayment contract with the following contents:

(No. 399, 2015, No. 399, 2015, hereinafter referred to as "notarial deeds of this case").

(1) On June 14, 2015, the Plaintiff filed an application for the auction of movable property owned D based on the relevant judgment (in the case of the Changwon District Court Jinwon Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court, September 23, 2015, the Defendant, who is the person entitled to demand a distribution, as a total of KRW 19,570,833.

(hereinafter “instant dividend table”) 2 Plaintiff’s agent F is distributed on September 23, 2015 by the Defendant.

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