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(영문) 광주지방법원 목포지원 2018.07.04 2017가단2944
배당이의
Text

1. Of the distribution schedule prepared by the said court on April 25, 2017 with respect to the distribution procedure C case of the Gwangju District Court Gwangju District Court.

Reasons

1. Facts of recognition;

A. On December 9, 2010, the Plaintiff loaned KRW 220 million to D on December 9, 2010, and the term of the loan expires on December 9, 2013; the rate of interest rate at 19% (base rate); and the rate of damages for delay at 19.7% per annum.

(2) Under the foregoing loan transaction agreement, the Plaintiff has a claim for the amount of KRW 195 million against D as well as damages for delay from June 16, 2014.

(3) On February 11, 2016, the Plaintiff received a provisional attachment order on D’s corporeal movables owned on the ground, 2016Kadan297, Jeonnam-gun, Jeonnam-gun, and eight parcels (hereinafter “the instant corporeal movables”), with the claimed amount of KRW 252,108,40, and the provisional attachment was executed on February 26, 2016 by the Gwangju District Court 2016Ga3.

B. On March 8, 2016, D’s preparation of the instant notarial deed issued to the Defendant a promissory note worth KRW 370 million at the face value, and on the same day, a notary public made and issued a notarial deed as to the said promissory note under No. 226, 2016 (hereinafter “instant notarial deed”).

C. (1) On the basis of the instant notarial deed, the Defendant filed an application for compulsory execution with the Gwangju District Court Branch Branch Branch of 2016No233 regarding the instant corporeal movables, and in the said auction procedure, the instant corporeal movables were sold to a third party.

(2) On April 25, 2017, the distribution procedure for the above sale price was initiated in the Gwangju District Court Gwangju District Court Branch C, and on April 25, 2017, the said court prepared a distribution schedule that distributes the amount of KRW 49,370,918 to the Plaintiff (holder of provisional seizure) to KRW 20,007,483 and the Defendant (owner of provisional seizure) KRW 29,363,435 to the Plaintiff (owner of provisional seizure).

(3) The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the entire amount distributed by the Defendant, and filed a lawsuit of demurrer against the distribution on April 28, 2017.

[Ground of recognition] Unsatisfy, Gap 1 to 6, .

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