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(영문) 창원지방법원 2019.06.28 2018가단123591
배당이의
Text

1. The Plaintiff among the distribution schedule prepared by the said court as of December 20, 2018 with respect to the distribution procedure case of the Changwon District Court C.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who was awarded a favorable judgment (determined on July 9, 2016) by the Changwon District Court Decision 2016Kadan52 on June 22, 2016 with respect to D Co., Ltd. (hereinafter “debtor Company”), and the Defendant is a creditor whose payment order against the obligor Company was finalized by Busan District Court Branch Branch 2018Ka657.

B. Meanwhile, on the other hand, the Plaintiff filed an application for provisional seizure of the claim amounting to KRW 117,727,270 out of the construction cost for new construction of the F Lodging Facilities in Gyeyang-si, which the debtor company had against the third debtor E, and received the decision of provisional seizure of the claim on November 23, 2015 by Changwon District Court 2015Kadan3084, and the said decision was served on the third debtor on December 14, 2015.

C. When the judgment of the original district court 2016Kadan52 became final and conclusive, the Plaintiff applied for a provisional seizure and collection order against the garnishee of the debtor company on September 6, 2016, ordering the original district court 2016TT7 to order the seizure and collection order, which was issued on September 6, 2016. The said order was served on the third debtor on September 9, 2016.

Nevertheless, as the garnishee did not pay the collection amount to the plaintiff, the plaintiff filed a lawsuit against the third debtor for the collection amount, and on July 26, 2018, mediation was concluded that the third debtor in the Busan District Court paid KRW 65 million to the plaintiff on July 26, 2018.

(Resan District Court 2018s54917). e.

The third obligor paid to the Plaintiff part of the above KRW 65,00,000, and left over KRW 43,000,000. On October 19, 2018, the collection order for the claim attachment and collection (the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 2018TTT 8319) applied by the Defendant was served to the third obligor. The third obligor deposited the above KRW 43,00,000 on the ground that the seizure competes.

F. On the date of distribution C, the Changwon District Court prepared a distribution schedule that distributes the Plaintiff KRW 18,378,29 to the Defendant in proportion to the amount of the Plaintiff and the Defendant’s claim, and that the Defendant distributes KRW 24,617,689 to the Defendant, and the Plaintiff is against the Defendant.

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