logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.09 2014가단5313921
배당이의
Text

1. Of the distribution schedule prepared on November 7, 2014 by the said court with respect to the distribution procedure case A by the Seoul Central District Court, the defendant is the defendant.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the pleadings in each entry in Gap evidence 1 and 2.

On January 25, 201, the Defendant lent KRW 400 million to E&M Co., Ltd. (hereinafter “E&M”) around January 25, 201, and applied for a payment order (hereinafter “instant payment order”) against the said company as Seoul Central District Court 2012 teas and chip Co., Ltd. (hereinafter “C&Wn”) on the said loan obligation and jointly and severally guaranteed the said loan obligation, and received a decision of acceptance on August 23, 2012. The instant payment order became final and conclusive.

B. The Defendant, with regard to the claim for the instant payment order claim (hereinafter “instant seizure claim”), was issued a ruling of seizure and collection order under the court 2013TWn’s 3745 regarding the claim against the garnishee.

C. The Plaintiff, with respect to the Plaintiff’s claim against C&Wn’s third obligor of C&Wn, was subject to a provisional attachment order with Seoul Central District Court No. 2012Kahap79 (the amount of claim KRW 10,156,656) and with the same court No. 2012Kadan30852 (the amount of claim KRW 99,324,000).

The third debtor of the seizure and collection order of the defendant and the provisional seizure of the plaintiff deposit KRW 129,70,000 with the Seoul Central District Court 2013Hun85 for the repayment of his/her obligation.

E. Of the distribution date (Seoul Central District Court A case) held on November 7, 2014 for the distribution of deposit money, KRW 130,372,164, the amount to be actually distributed, ① the Plaintiff’s distribution schedule as follows: ① KRW 5,936,055 regarding provisional seizure (Seoul Central District Court 2012Kahap79); KRW 58,049,890 regarding provisional seizure (provisional seizure) by the same court 2012Kadan30852; ② the Defendant’s distribution of KRW 66,386,219 regarding the instant seized claim; ② the distribution schedule as follows:

was drawn up.

The plaintiff is against the defendant on the date of distribution.

arrow