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(영문) 서울중앙지방법원 2015.04.14 2014가단5018301
배당이의
Text

1. Of the distribution schedule prepared by the above court on January 17, 2014 with respect to the distribution procedure A case of the Seoul Central District Court, the defendant is the defendant.

Reasons

1. Each of the facts under the basis of facts below shall be acknowledged either in dispute between the parties or in full view of the purport of the entire arguments in Gap 1, 2, 3, 15, and 16.

A. On January 25, 201, the Defendant lent KRW 400 million to Nonparty Co., Ltd. B (hereinafter “B”), and jointly and severally guaranteed the loan obligation by Nonparty Co., Ltd. (hereinafter “C”) (hereinafter “C”), the Defendant filed a payment order against the above Nonparty Co., Ltd. (hereinafter “instant payment order”) with the court 201 tea57506 and received the decision of acceptance on August 23, 2012. The instant payment order was finalized upon the Nonparty Co., Ltd.’s objection against the instant payment order.

B. The Defendant, with regard to the claim for the instant payment order claim (hereinafter “instant seizure claim”), received a decision of seizure and collection order under the court 2013TTT No. 3745 regarding the claim against C’s third debtor.

C. The Plaintiff’s claim against C was subject to the Seoul Central District Court Decision 201Kadan49925 (the amount of claim KRW 20 million) and the same court 2012Kadan30852 (the amount of claim KRW 99,324,000) regarding the claim against C’s third debtor.

The above seizure and collection order of the defendant and the third debtor of the above provisional seizure of the plaintiff deposited KRW 86,454,82 in Seoul Central District Court 2013Hun4657 to pay his debt.

E. Of KRW 86,929,773 of the amount to be actually distributed on the date of distribution (Seoul Central District Court A case) held on January 17, 2014 for the distribution of the above deposit, ① the Plaintiff is the Seoul Central District Court KRW 7,186,528 won in relation to provisional seizure (Seoul Central District Court 201Kadan4925), KRW 35,689,735 won in relation to provisional seizure (2) in Seoul Central District Court 201Kadan4925, and KRW 44,053,510 in relation to the instant seized claim.

The plaintiff was drawn up on the date of the above distribution.

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