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(영문) 수원지방법원 2016.01.27 2015나26945
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. (1) The Plaintiff has a claim for reimbursement of KRW 100,703,744 based on the credit guarantee agreement of June 22, 2010 against C. (2) C was engaged in the business of manufacturing the water distribution team products with the trade name called E, and the Defendant’s husband F was working in E’s production derivatives.

3) C had a claim as a right to collateral security against the proceeds from the sale of G real estate auction case at Suwon District Court G. B. On June 24, 2014, the Plaintiff, based on the claim for reimbursement against C, was subject to the provisional seizure order of claim under Seoul Western District Court 2014Kadan51442 on the said claim for reimbursement against C. The Defendant received a certified promissory note of KRW 150,00,000 against C on September 11, 2014, with regard to the instant claim for payment of dividends, KRW 150,00,00,000 from Suwon District Court G. On October 7, 2014, as to the said claim for payment of dividends, KRW 20,000,00 against Korea, KRW 30,000,000,000,000 for KRW 20,000,0000, KRW 2036,000,000.

(1) The Plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on December 23, 2014. The Plaintiff did not have any dispute over the grounds for recognition, as to the facts that there was no ground for recognition, and the evidence Nos. 1, 2, and 1.

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