logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.03.16 2015가단22945
배당이의
Text

1. The repayment contract concluded on May 20, 2015 between the defendant and B shall be revoked.

2. Ulsan District Court C.

Reasons

1. Facts of recognition;

A. On April 19, 2012, the Plaintiff filed a lawsuit claiming the purchase price return against B Co., Ltd. (hereinafter “B”) with the Ulsan District Court Decision 201Kahap6300, and was sentenced to the judgment on April 19, 2012 that “the Defendant shall pay the Plaintiff KRW 190 million and its delay damages.” The above judgment became final and conclusive as it is.

B. On October 13, 201, the Plaintiff received a provisional attachment order for the real estate owned by the Daegu District Court 201Kadan8278 on October 13, 2011. The Plaintiff deposited KRW 190,60 million at the Daegu District Court 2015, which deposited KRW 3370,000, the amount of deposit at sea, and the execution of the provisional attachment was revoked by the Daegu District Court 2015Kaga500 on May 18, 2015.

C. On May 27, 2015, the Plaintiff, based on the foregoing judgment claim, received a seizure and collection order as to the claim for recovery of the deposit in the Republic of Korea from the Ulsan District Court 2015TT 6273.

On the other hand, on May 20, 2015, Defendant and B drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) to the effect that “B, on December 24, 2012, borrowed KRW 150 million from the Defendant as of May 27, 2015, the due date for repayment was determined and borrowed as of December 24, 2012.”

E. On June 1, 2015, the Defendant received a seizure and collection order as to the claim for recovery of the deposit against the Republic of Korea under the Ulsan District Court 2015TT 6437, based on the instant claim on the Notarial Deed.

F. On September 16, 2015, the Ulsan District Court: (a) conducted distribution procedures with the Ulsan District Court C on the basis of the amount of credit 308,92,861; and (b) drafted a distribution schedule that distributes the amount of credit 150 million won to the Defendant (hereinafter “instant distribution schedule”) which is the cause of the amount of credit 128,323,416 won to the Plaintiff, which is the cause of the amount of credit 308,92,861.

G. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the total amount of distribution to the Defendant. On September 22, 2015, the Plaintiff raised an objection against the distribution of this case.

arrow