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(영문) 의정부지방법원 2016.09.07 2015가단44564
배당이의
Text

1. Of the distribution schedule prepared on December 10, 2015 by the above court with respect to the distribution procedure case in the Kubu District Court C, the defendant is the defendant.

Reasons

1. The fact that the Plaintiff, on July 2, 2015, borrowed KRW 65,00,000 from the Defendant on July 2, 2015 (no interest payment agreement exists) with the maturity date fixed on July 23, 2015 (hereinafter “the Plaintiff’s obligation to borrow the instant loan”; on July 3, 2015, a notary public drafted and issued a notarial deed stating that there is no objection even if he/she was subject to compulsory execution (hereinafter “notarial deed of this case”) to the Defendant on July 3, 2015.

On August 26, 2015, the Defendant issued a collection order for the claim for the collection of deposit money of KRW 65,00,000 among the deposit money of KRW 90,000 deposited by the Plaintiff with the Seoul Western District Court No. 2946 in the form of deposit money of KRW 2015,50,51748 (hereinafter “instant deposit”) with the title of execution of the instant authentic deed as the title of execution.

In addition to the Defendant, D received a collection order for the remaining KRW 40,200 out of KRW 47,00,000,000, not yet recovered until then, among the claims for recovery of the deposit of this case as the District Court 2015TTT 16691, from among the claims for recovery of the deposit of this case.

The order of seizure and collection of each of the above claims was served to the deposit officer of the Seoul Western District Court at the time of the above decision.

When seizure of the right to claim the deposit of this case competes with each other, the deposit officer of the Seoul Western District Court reported the reason for deposit to the District Court which was the executing court on October 22, 2015. Accordingly, the distribution procedure case under Paragraph (1) of the order was commenced at the District Court of the Jung-gu District Court, which made a distribution schedule to distribute the full amount of KRW 21,993,81, which is the amount to be distributed on December 10, 2015, to the Defendant who is the collecting authority.

D submitted a written waiver to the District Court on November 18, 2015 to the effect that it withdraws the above claim seizure and collection order.

As a result, D.

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