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(영문) 창원지방법원진주지원 2016.01.21 2015가단31601
배당이의
Text

1. Of the distribution schedule prepared on March 27, 2015 by the said court with respect to the distribution procedure C case of the Changwon District Court Jinwon Branch C.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against D Co., Ltd. (former E Co., Ltd.; hereinafter “D”) for the rent, etc. for temporary materials with the Changwon District Court 2013da30703, Nov. 29, 2013, the said court rendered a favorable judgment on the part of the Plaintiff that “D shall pay to the Plaintiff 27,251,650 won per annum from February 27, 2013 to November 29, 2013, and 20% per annum from the following day to November 29, 2013.”

On October 2, 2014, the Plaintiff appealed as Changwon District Court Decision 2013Na32677, and the above court rendered a judgment that “The part against the Plaintiff corresponding to the order to pay under the judgment of the court of first instance shall be revoked. D shall pay to the Plaintiff 41,039,380 won and the amount calculated at the rate of 20% per annum from February 6, 2014 to the date of full payment.”

D Supreme Court Decision 2014Da22834 Decided January 8, 2015. However, the Supreme Court rendered a judgment dismissing appeal on January 8, 2015.

On January 22, 2015, the Plaintiff received a provisional attachment order for KRW 68,291,030, among the claim for construction price against D's Gyeongnam-do, under the title of execution, from the Changwon District Court Decision 2015Kadan10038, Jan. 22, 2015. On February 12, 2015, the provisional attachment of the above claim was transferred to the original attachment under the Changwon District Court Branch 2015TT761, and was ordered to seize and collect KRW 15,930,212, out of the above claim for construction price.

B. On April 27, 2012, the Defendant drafted, with respect to D, as a notary public, an instrument of performance (a quasi-loan for consumption) agreement (hereinafter “notarial deed of this case”) stipulated on May 4, 2012, the payment period of which was set as KRW 600,000,000, and the payment period of which was set by the notary public, No. 384, 2012.

Based on this, on May 9, 2012, the Defendant received an order of seizure and assignment of the claim for KRW 590,462,360, among the claim for construction price against D's Gyeong-do's Gyeong-do's Gyeong-do's Gyeong-do's 1859. On April 24, 2013, the Defendant received a collection order for the above seized claim.

(c).

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