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(영문) 수원지방법원평택지원 2015.04.15 2014가단13933
배당이의
Text

1. Of the distribution procedures case of Suwon District Court Sejong Housing Site E, a distribution schedule prepared by the said court on August 27, 2014.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against F with the Seoul Central District Court 201Gahap80819, and the appellate court of the instant case (Seoul High Court 2013Na39767 Decided February 19, 2014) rendered a judgment that “F and G shall pay to the Plaintiff KRW 150 million and statutory damages for delay,” and the said judgment of the appellate court was dismissed and finalized on June 30, 2014.

B. Defendant B asserted that F had a claim amounting to KRW 153,727,00 in total from September 11, 2008 to October 28, 2010, and that there was a claim equivalent to KRW 153,727,000, Defendant B issued a provisional attachment order on KRW 153,727,00 of the monetary claim against Seosan City (hereinafter “instant claim”) on July 14, 2014, and the said payment order was finalized around that time.

C. Defendant C asserted that F has a claim equivalent to KRW 111,129,500 in total from January 2, 2008 to January 18, 201, and received a provisional attachment order regarding KRW 111,129,500 of the instant claim, and was issued an order to pay the instant claim for the price of the goods on July 14, 2014. The above payment order was finalized around that time.

Defendant D had been issued a provisional attachment order regarding KRW 50 million for the instant claim of KRW 50 million on August 25, 2007, by asserting that it had been leased to F by the due date set as of August 25, 2008.

E. The plaintiff is the above A.

After the judgment of the appellate court stated in paragraph (1), the Suwon District Court rendered an application for the seizure and collection order as to KRW 188,630,136 of the instant claim as the KRW 2014TTTT, which was KRW 2014TTTT, and the distribution procedure for the claim concerning the deposit was commenced after depositing the total amount of the instant claim. The auction court opened the date of distribution on August 27, 2014 and deducted KRW 17,750 of the execution cost, which was KRW 116,257,627, which was actually distributed to the Plaintiff, who is the collection authority, and KRW 35,55,658 of the said dividends, KRW 35,496,346 of the said dividends, to the Defendant, who is the provisional seizure authority, who is the provisional seizure authority, as the provisional seizure authority.

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