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(영문) 인천지방법원 2019.01.23 2018가단232231
배당이의
Text

1. Of the distribution schedule prepared by the above court on June 20, 2018 with respect to the distribution procedure case of Incheon District Court DD, the defendant is against the defendant.

Reasons

1. Facts of recognition;

A. On May 30, 2017, the Plaintiffs received a provisional attachment ruling (hereinafter “instant provisional attachment”) with respect to “claim held by the obligor E Co., Ltd. (hereinafter “E”) against the third obligor F Co., Ltd. (hereinafter “F”) by the Incheon District Court Decision 2017Kadan101899.”

On June 20, 2017, the Plaintiffs filed a lawsuit against E seeking a loan, etc. (hereinafter “instant civil lawsuit”) by the Incheon District Court 2017Kadan225502.

B. On June 21, 2017 with the commission of the Defendant and E, a promissory note No. 722, stating “The Promissory Notes, E, the payee, the Defendant, the face value of 92,950,000 won, the date of issuance, June 21, 2017, and June 28, 2017,” was drafted on the commission of the Defendant and E (hereinafter “instant authentic deed”).

On July 25, 2017, the Defendant received a seizure and collection order (hereinafter “instant collection order”) from the Incheon District Court 2017TTT No. 16991, based on the instant notarial deed, against “claim E has against a third obligor F.”

C. On June 20, 2018, the above court in the Incheon District Court D D Distribution Procedure, which was commenced by the deposit of F, 3,363,405 won on the ground that the Plaintiff was the holder of the second provisional attachment (the amount of claim 15,900,000 won) and the Plaintiff was the holder of the second provisional attachment (the amount of claim 14,100,000 won) and the Plaintiff was the holder of the second provisional attachment (the amount of claim 14,100,000 won) and the Defendant was the holder of the second provisional attachment (the amount of claim 92,950,000 won) and distributed the amount of KRW 22,172,239 in proportion to each of the distribution schedule.

(4) On the date of distribution, the Plaintiffs stated an objection against the Defendant’s dividend amount, and filed a lawsuit of demurrer against distribution on June 26, 2018. D. 1) H established the Defendant (representative director H) on July 3, 2015, respectively, and operated the said two companies on October 22, 2015.

2. The notarial deed of this case is as Defendant H.

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