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(영문) 서울중앙지방법원 2017.08.29 2016가단5300295
배당이의
Text

1. For the preliminary claim:

A. C and Defendant Law Firm A are notary public around May 2016 between Company C and Defendant Law Firm.

Reasons

1. Basic facts

A. On December 2, 2015, Seoul High Court Decision 2014Na2040891 (hereinafter “C”) against the Plaintiff Company C (hereinafter “C”), rendered a judgment against the Defendant ordering payment in excess of the amount calculated by the rate of 347,092,928 won and its related thereto from April 18, 2013 to December 2, 2015, and 6% per annum from the next day to December 2, 2015, and 20% per annum from the next day to the date of full payment, and the said judgment became final and conclusive around that time.

B. On May 3, 2016, based on the executory exemplification of the instant judgment with respect to C, the Plaintiff filed a lawsuit against C, a debtor as the Seoul Central District Court 2016TTT8044, and C, as the obligor C, a third-party obligor, as the Seoul Central District Court 2016TT on July 23, 2014, seeking reimbursement and damages of the amount of claim against E as the Seoul Central District Court 2015Gahap52476, and on May 10, 2016, the Seoul High Court 2015Na203230, which was pending in the appellate trial, decided to recommend reconciliation, and the content thereof was that “E shall pay to C 250,000,000 won until May 31, 2016.”

on May 11, 2016, the court received the order of seizure and collection, which is the principal and interest of the judgment above as to the claim amount, and served on the garnishee E on May 11, 2016.

C. On June 3, 2016, based on the executory exemplification of the notarial deed No. 167 of the case No. 167, Defendant A, a notary public, issued a claim amounting to 175,026,200 with respect to C’s claim amount, and issued a collection order for the claim amounting to 175,026,200 with respect to C’s claim amount. The decision was served on the third obligor E at that time.

Defendant B based on the executory exemplification of the notarial deed No. 168 of the case No. 168 of 2016, Defendant B, on June 3, 2016, made the debtor C and the third obligor E as Seoul Central District Court No. 2016T1094 on June 3, 2016.

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