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(영문) 창원지방법원 2015.04.28 2014가단26548
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C deposited KRW 2.8 million as security for the Plaintiff in connection with the Busan District Court’s 2013Gahap47876 (hereinafter “instant deposit”).

B. Upon filing an application for determination of the amount of litigation costs with respect to C, the Plaintiff was determined as KRW 3,862,084 (Seoul District Court 2014Ka 10150). Meanwhile, on May 27, 2014, the Defendant prepared a notarial deed of a monetary loan for consumption (Evidence No. 245, No. 2014, May 31, 2015) as to the loan borrowed from the Geum River as of June 30, 201, from the Geum River as of May 31, 2015. Accordingly, the Defendant issued a seizure and collection order as to the deposit of this case by the Changwon District Court 2014Mo8232.

C. On November 25, 2014, the Changwon District Court rendered a distribution procedure for KRW 2.8 million deposited by C to the Changwon District Court B, and distributed KRW 47,532 to the Plaintiff and the Defendant KRW 2,725,070 to the Defendant, respectively.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, purport of whole pleadings]

2. The Plaintiff asserts that the Defendant’s claim based on the Notarial Deed of a Money Loan Loan Agreement should not be distributed to the Defendant because it is a false claim. However, Nonparty C and the Defendant’s preparation of the said Notarial Deed in May 27, 2015 cannot be deemed as a false claim solely on the ground that Nonparty C and the Defendant prepared the said Notarial Deed, and there is no other evidence to acknowledge it. Accordingly,

3. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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