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(영문) 창원지방법원진주지원 2017.06.13 2016가단37804
배당이의
Text

1. Of the distribution schedule prepared on December 15, 2016 by the said court with respect to the distribution procedure B case of the Changwon District Court Jinwon Branch B.

Reasons

1. Basic facts

A. The Plaintiff’s indemnity claim 1) The Plaintiff jointly operated the D Hospital on February 2, 2010, E, F, and G (hereinafter “a hospital operator”).

(2) On September 2010 and October 2010 of the same year, the Plaintiff concluded a performance guarantee insurance contract with the maximum amount of KRW 3 billion, and C jointly and severally guaranteed the obligation of indemnity against the Plaintiff of the hospital operators based on the said credit transaction agreement. (2) The Plaintiff concluded a performance guarantee insurance contract with the amount of each purchase price as KRW 1 billion with respect to the obligation of refund of each lease deposit against H and I by the hospital operators in accordance with the instant credit transaction agreement.

3) On April 18, 2012, the Plaintiff filed a lawsuit with the Seoul Central District Court 201Gahap31760 against the hospital operators and C, etc. seeking reimbursement on April 18, 2012. On June 26, 2014, the said court sentenced that “a hospital operator, C, etc. jointly and severally pay KRW 2,184,931,504 and delay damages,” and the said judgment became final and conclusive around that time.

On December 16, 2014, the Plaintiff issued a collection order for the attachment and collection as to the benefit claim against the Jinwon Agricultural Cooperative Co., Ltd. (hereinafter “Jinwon Agricultural Cooperative”) in the Changwon District Court Decision 2014TTT 2014T 6342 on December 16, 2014.

B. On December 1, 2011, C entered into a fraudulent act revocation lawsuit against C’s dispositive act with Nonparty J on December 1, 201, to the effect that C would accept compulsory execution regarding a loan agreement for consumption amounting to KRW 450 million on August 11, 2011 in excess of its obligation. On December 12, 2011, J received an order for debt seizure and its entire order under the above notarial deed from Changwon District Court J on December 12, 201, with J as the J Branch Branch Branch Branch of Changwon District Court Decision 2011TT 40572, the Plaintiff filed a fraudulent act revocation lawsuit against J on the loan agreement between C and J. The said court and the Defendant on May 12, 2016.

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