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(영문) 수원지방법원 안산지원 2018.05.29 2017가단55957
배당이의
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s seizure and collection order 1) The Plaintiff is limited to C (hereinafter “C”).

(2) As this Court Decision 2016j. 13162, supra, filed an application for a payment order seeking payment of KRW 596,199,650 for the amount of goods and the amount of delay damages therefor, and subsequently received a payment order on December 29, 2016. (2) C participated in the distribution procedure of this Court D and entered into a distribution schedule stating that the amount of KRW 26,89,393 (hereinafter “instant dividends”) shall be paid as dividends on March 29, 2017.

3) On the basis of the payment order stated in paragraph (a) (A), the Plaintiff KRW 617,660,478 (A) out of the instant dividends (a).

As to the amount up to the principal, damages for delay, and expenses of the payment order stated in the Paragraph, this Court filed an application for a seizure and collection order under this Court 2017TTT No. 101028, and received a seizure and collection order on February 13, 2017. (B) On December 13, 2016, C prepared and issued a notarial deed of money loan loan agreement (No. 526, 2016, hereinafter “instant notarial deed”) with a fixed rate of 25% per annum on September 30, 2016, to the Defendant on December 1, 2016.

2) Based on the instant notarial deed, the Defendant applied for the attachment and assignment order of the amount up to KRW 28 million among the instant dividends, and applied for the attachment and assignment order of the claim regarding the amount up to that time. On January 12, 2017, prior to the Plaintiff’s attachment and collection order, the Defendant is the assignment order of the instant claim (hereinafter “instant assignment order”).

(C) The instant dividend procedure and Plaintiff’s objection 1) participated in B’s dividend procedure (hereinafter “instant dividend procedure”) on the basis of the instant assignment order based on the instant assignment order, and on April 26, 2017, the distribution schedule (hereinafter “instant distribution schedule”) was prepared to the Defendant, who is the entire holder of the right, to pay the entire amount of the instant dividends to the Defendant.

2..

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