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(영문) 청주지방법원 2018.08.28 2017가단4133
배당이의
Text

1. Of the distribution schedule prepared on March 29, 2017 by the Cheongju District Court B with respect to distribution procedures cases, against the Defendant.

Reasons

1. Basic facts

A. The Plaintiff collected the credit card payment claim held by the debtor company against one card company as the debtor in the case of seizure and collection order (Cheongju District Court 2016TTTT 2016TT 53576, and the amount of the claim is KRW 10,000,000. The Defendant collected the credit card payment claim held by the debtor company against one card company. The Defendant collected the credit payment claim by a notary public against the debtor company in the case of seizure and collection order (No. 2016TT 8358,000,000 in the same court based on the authentic copy of an executory deed No. 911, 2014, which was issued by a notary public against the debtor company, with the amount of claim claim KRW 40,00,00 in the same court in the case of seizure and collection order (No. 15da50232, the same court).

B. The third debtor 1 card company deposited 13,995,807 won as Seoul Central District Court Decision 2017Hun-Ga1860, which was the enforcement of the provisional seizure, and distributed 13,982,619 won (the amount obtained by deducting 14,603 won out of the total amount of dividends 13,997,222) to the Defendant, who is the collection authority, as the provisional seizure authority, in the case of the distribution procedure of the Cheongju District Court B against the debtor company commenced. The above court distributed 13,98,261 won to the Defendant, who is the collection authority, as the provisional seizure authority, as to the amount of KRW 13,982,619 (the amount calculated by deducting 14,603 won from the total amount of dividends 13,99,222 won) to the Defendant.

C. On the date of the above distribution, the Plaintiff, the creditor, and the leleco Co., Ltd. appeared, and raised an objection against the total amount of the distribution to the Defendant.

On March 29, 2017, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 6, 7, 8, 5 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The party's assertion (1) The defendant's executive title is the law firm of the debtor company.

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