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(영문) 서울중앙지방법원 2017.06.21 2015가단5175201
배당이의
Text

1. Of the distribution schedule prepared on June 5, 2015 by the said court with respect to the distribution procedure case of the Seoul Central District Court D, the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 18, 2014, E Co., Ltd. (hereinafter “E”) issued to the Plaintiff a promissory note with a face value of KRW 36,793,100, issuer E, payee, Plaintiff, and due date, August 29, 2014; the place of issuance and payment; and the place of payment and the place of payment, respectively, as to the said promissory note with a notarial deed on the same day.

(hereinafter “instant First Promissory Notes”). B.

On the other hand, E issued promissory notes and notarized as follows:

(1) The issuer E, the payee B, the Defendant B, the par value 1 billion won, the date of issuance on August 30, 2014 (the date of preparation of a notarial deed shall be September 19, 2014), the issuer E, the payee C, the Defendant C, the face value 74 million won, the date of issuance on August 30, 2014 (the date of preparation of the notarial deed shall be September 19, 2014), and the daily payment on August 30, 2014 (the date of preparation of the notarial deed shall be September 19, 2014).

C. On September 2, 2014, the Plaintiff applied for compulsory execution against E’s corporeal movables as Seoul Central District Court 2014No. 5044 on September 2, 2014 on the basis of the authentic deed of the Promissory Notes No. 1, and Defendant B applied for compulsory execution against E’s corporeal movables as Seoul Central District Court 2014No. 5527 on September 29, 2014 on the basis of the authentic deed of the Promissory Notes No. 2, and Defendant C applied for compulsory execution against E’s corporeal movables as Seoul Central District Court 2014No. 5528 on September 29, 2014 on the basis of the authentic deed of the Promissory Notes No. 3. 3, Defendant C applied for compulsory execution against E’s corporeal movables as Seoul Central District Court 2014No. 55 million on October 23, 2014.

The Seoul Central District Court D’s distribution procedure regarding the above sales price was initiated, and the above court prepared a distribution schedule that distributes the actual dividend amount of KRW 53,823,036 to the Plaintiff, KRW 1,782,795, KRW 48,454,60 to the Defendant B, and KRW 3,585,641 to the Defendant C, respectively, after deducting the execution cost on June 5, 2015.

(hereinafter “instant distribution schedule”). E.

The plaintiff appears on the date of the above distribution and 31,424 out of the dividend amount of defendant B.

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