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(영문) 광주지방법원 순천지원 2017.02.15 2015가단79069
배당이의
Text

1. Of the distribution schedule prepared by the said court on December 2, 2015 in the distribution procedure case of Gwangju District Court Netcheon Branch C, the defendant is the defendant.

Reasons

1. The following facts are found either in dispute between the parties or in combination with the purport of the entire pleadings, either in Gap evidence of 1 to 5, Eul evidence of 7 and 11 (including vegetable evidence):

A. On December 1, 2014, the Plaintiff’s claim for the agreed amount of KRW 220,000,000 against D was placed as the preserved claim, and attached the intermediate payment claim against D’s TSP Co., Ltd. (hereinafter “Nonindicted Company”) on December 1, 2014. The decision on provisional attachment against the said claim was served on the non-party company, the garnishee on December 4, 2014.

B. On January 26, 2015, the non-party company deposited KRW 108,793,349 as the Seoul Central District Court gold No. 1958 in 2015 with the depositee D.

C. Since then, the Plaintiff filed a lawsuit against D as to the claim for the amount agreed upon by the Gwangju District Court Branch 2015Gahap10760, which is the main claim for the provisional attachment case, on August 27, 2015, the said court rendered a judgment on September 10, 2015 that “D shall pay to the Plaintiff the amount of KRW 220,000,000 per annum from October 1, 2014 to September 10, 2015, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment.”

However, on September 2, 2015, after the closure of pleadings in the above contract deposit case filed by the Plaintiff against D, the Defendant, who is the mother of D, applied for provisional seizure of D’s right to claim payment of deposit money against the Republic of Korea as Cheongju District Court 2015Kadan968, Sept. 8, 2015. The above court accepted the Defendant’s application for provisional seizure on September 8, 2015, and the above provisional seizure decision was served on the Republic of Korea as the garnishee on September 10, 2015.

E. Meanwhile, on September 17, 2015, the Plaintiff’s provisional attachment of KRW 245,583,065, out of the Plaintiff’s right to claim payment of deposit money against the Republic of Korea under the Gwangju District Court’s Netcheon-gu Branch 2015TTT 50871, based on the original judgment of the court of first instance on the provisional execution declaration of the above agreed amount case.

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