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(영문) 대전지방법원천안지원 2019.04.10 2018가단113269
배당이의
Text

1. Of the distribution schedule prepared by the said court on October 25, 2018 with respect to the distribution procedure E case of Daejeon District Court Seocheon Branch E.

Reasons

1. Determination as to the claim against Defendant A

A. Facts of recognition 1) The Plaintiff’s claim against G Co., Ltd. (hereinafter “G”)

(2) The judgment of the Daejeon District Court rendered that “G shall pay to the Plaintiff the amount of KRW 15,938,595,774 and interest in arrears for the amount of KRW 15,938,595,774” (hereinafter “the judgment of the case”).

(2) Defendant A’s credit against Defendant A entered into an employment contract with G and retired on March 31, 2007, and was not paid KRW 23,512,650 in total as wages and retirement allowances from G.

Defendant A selected the F as the designated party, and applied for the payment order for wage, etc. under the Daejeon District Court’s Daejeon District Court’s 2010 tea2304.

On July 9, 2010, the Daejeon District Court issued a payment order (hereinafter “instant payment order”) stating that “G shall pay to Defendant A the amount of KRW 23,512,650 and the amount calculated at the rate of 20% per annum from July 27, 2010 to the date of full payment.” The instant payment order was finalized on August 10, 2010.

3) The Plaintiff competition with the collection order of the instant judgment with the title of execution shall be the unjust enrichment return claim or usage fee payment claim (hereinafter “G’s claim against the Yananan City”) arising from the possession of five parcels outside H 474m2 in the Yananan-si, Yanan-si, which G held against the Yananananan

Of the claimed amount, the sum of the principal based on the instant judgment and the interest accrued until the time of filing the application, and damages for delay. As to the claims up to that time, the Daejeon District Court rendered a ruling on April 21, 2009 on the seizure and collection order of 2009TTT 1884 (hereinafter “Plaintiff’s collection order”).

B. The collection order of the plaintiff was served on April 23, 2009 at the time of Bcheon, the garnishee.

Defendant A shall select F as the designated party with the title of the instant payment order, and G.

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