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(영문) 전주지방법원 2020.07.08 2019가단10370
배당이의
Text

1. Of the instant lawsuit, the part of the Claimant C and D’s objection to the distribution shall be dismissed.

2.As above, the distribution procedures of the Jeonju District Court E.

Reasons

Basic Facts

Plaintiff (Appointed Party) and Appointed Company C and D’s limited liability company F, and Plaintiff (Appointed Party; hereinafter “Plaintiff”) are limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).

(C) the designated parties C and D (hereinafter referred to as “designated parties”)

(2) On October 29, 2018, the Plaintiff was appointed as the designated party, and on October 29, 2018, F applied for provisional attachment of the claim against G Co., Ltd., and received the decision of provisional attachment of claim on October 31, 2018. (2) On October 31, 2018, the Plaintiff and the appointed parties filed a lawsuit on the instant provisional attachment against F Co., Ltd., the Jeonju District Court 2018Ga5828.

On June 19, 2019, the above court rendered a judgment that "F of a limited liability company shall pay to the Plaintiff KRW 43,20,000,00 to the Plaintiff jointly with H and I, and KRW 111,00,000 to the Selection C, and KRW 73,20,000 to the Selection D, and each of them shall be 12% per annum from March 16, 2018 to September 14, 2018, and 24% per annum from the next day to the day of full payment." The above judgment was finalized.

G Co., Ltd., which has been liable to F Co., Ltd., on the ground of the Plaintiff’s provisional attachment, deposited KRW 11,645,356 on April 22, 2019 with the Jeonju District Court No. 2019 Gold District Court No. 997. 2) In the distribution procedure of the said deposit, the aforementioned court determined the amount of KRW 111,69,565 (total amount of deposit and interest) calculated by deducting KRW 541,490 for enforcement costs from KRW 11,128,075 (the total amount of deposit and interest), KRW 57,968,370 for the Plaintiff, who is the provisional attachment authority, as the actual amount of dividends of KRW 57,968,370 (the amount of dividends to the Plaintiff, who is the party to whom the claim was appointed, KRW 11,645,61, KRW 296, KRW 3750,545,615) for Defendant E Co.

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