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(영문) 대구지방법원 2019.11.27 2017가단16089
배당이의
Text

1. Defendant B among the distribution schedule prepared on June 20, 2017 by the said court with respect to the distribution procedure case of Daegu District Court D.

Reasons

1. Facts of recognition;

A. On December 23, 2016, based on the loan claim against E, the Plaintiff filed an application for the attachment and collection order with the Daegu District Court 2016TTT No. 2012, regarding the claim against the garnishee F of the educational foundation E (hereinafter “instant seized claim”), and the said court accepted the application on December 27, 2016.

B. On July 11, 2013, Defendant B and E drafted a notarial deed that recognizes compulsory execution on a monetary loan contract of KRW 60,000,000 as a notary public G deed No. 516 on July 11, 2013.

On December 20, 2016, Defendant B requested the Daegu District Court 2016TTT19001 to seize and collect the claim of this case based on the above notarial deed, and the above court accepted it on December 27, 2016.

C. On July 2, 2013, Defendant C and E, the spouse of Defendant B, drafted a notarial deed recognizing compulsory execution as to a monetary loan contract of KRW 60,000,000 as a notary public, No. 911, 2013.

On December 20, 2016, Defendant C requested the Daegu District Court 2016TTT19002 to seize and collect the claim of this case based on the above notarial deed, and the above court accepted it on January 10, 2017.

School Foundation F deposited money with the Daegu District Court on the claims subject to seizure of this case.

On June 20, 2017, the Daegu District Court carried out a distribution procedure D with respect to the said deposit (hereinafter “instant distribution procedure”). On June 20, 2017, the Daegu District Court distributed the remainder of KRW 30,576,044, excluding the cost of enforcement, from the total amount of interest accrued from the proceeds of sale. Of them, the main contents relating to the dividend of the Plaintiff and the Defendants are as

The dividends distribution ratio (%) to the creditors holding priority of distribution 1 Plaintiff B’s collection creditors 90,803,186 16,087,286 20.088 Defendant B’s collection creditors 110,037,300,443,237 237.31 Defendant C collection creditors 75,037,305,075,737 16.6

E. The plaintiff is on the date of the above distribution.

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