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(영문) 의정부지방법원 2014.10.01 2014가합1819
배당이의
Text

1. Of the distribution schedule prepared on March 6, 2014 by the above court with respect to distribution procedures cases in the District Court C.

Reasons

1. Basic facts

A. On June 10, 201, E filed a lawsuit against F, G, and D Co., Ltd. (hereinafter “D”) on the claim for restitution of unjust enrichment, etc. by the Seoul Central District Court 201Gahap5881 (principal claim), 2013Gahap45032 (Counterclaim) on December 10, 2013, E paid an annual amount of 5% from the above court from November 3, 201 to December 10, 201, to “E; F, from November 3, 2013 to December 10, 2013; from the next day to the date of full payment; and from October 21, 2013 to the date of full payment, D’s annual amount of 1,728,438,373 won; from October 21, 2013 to the date of full payment; and from October 31, 2013 to the date of full payment.”

(hereinafter “instant judgment”). (b)

On February 29, 2012, the Plaintiff issued and delivered to E a promissory note with a face value of KRW 500,000,000, and the due date on September 1, 2013. On the same day, a notary public was issued and delivered with a notarial deed to the effect that a notary public recognizes compulsory execution on the said promissory note’s gold obligations under No. 45, 2012.

C. Based on the original copy of the above notarial deed with executory power, the Plaintiff received a collection order for the amount of KRW 9,000,000,000 from among the judgment bond bonds of this case held by the Jung-gu District Court 2013TT 16986, Sept. 24, 2013, until it reaches the amount of KRW 1,00,000 among the judgment bond bonds held by E against G, and the amount until it reaches the amount of KRW 490,036,50 among the judgment bond bonds of this case held by E against D.

F and D deposited KRW 2,30,977,147,147 in the instant judgment, which ordered payment in the Suwon District Court No. 178 in January 22, 2014.

(hereinafter referred to as “instant deposit”). (e)

The distribution procedure for the instant deposit was initiated to the Speaker District Court C, and the executing court shall set forth below the amount of KRW 2,332,098,998 to be actually distributed on March 6, 2014.

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