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(영문) 청주지방법원영동지원 2016.09.23 2015가단4022
배당이의
Text

1. Of the distribution schedule prepared by the above court on April 7, 2015 with respect to distribution procedure D cases in Youngju District Court Young-dong Branch D.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff filed an application for provisional attachment of the Plaintiff’s claim for indemnity amounting to KRW 184,019,504 under the Credit Guarantee Agreement for E Co., Ltd. (hereinafter “E”), with the Daejeon District Court Decision 2014Kadan51026, the Plaintiff filed an application for provisional attachment on the purchase price claim for the EF Co., Ltd. (hereinafter “F”) due to the purchase and sale of three other real estate (hereinafter “the instant purchase price claim”).

On September 25, 2014, the above court rendered a ruling of citing the plaintiff's request for provisional seizure.

B. Defendant B and C applied for provisional attachment of the instant purchase price claim against E as the claim amounting to KRW 95,859,220 (=Defendant B58,428,600, Defendant C37,430,620, and Defendant C’s claim amounting to KRW 37,620). Defendant B and C applied for provisional attachment against E’s claim amounting to KRW 95,859,220,00 for KRW 58,428,60.

On September 5, 2014, the above court rendered a ruling of citing the above Defendants’ request for provisional seizure.

C. Defendant A’s order of seizure and collection, etc. 1) On September 25, 2014, Defendant A and the notary public H office No. 6134 (hereinafter “notarial deed of this case”) between E and E on September 25, 2014.

(2) The Defendant A drafted the foregoing notarial deed. On September 25, 2014, the main content of the said notarial deed is as follows: “The obligor (E) bears the obligation equivalent to KRW 42,00,000 to the obligee (Defendant A) as of September 25, 2014; the due date is September 30, 2014; the interest rate for delay is 25% per annum; and if the said obligation is not performed immediately, it is recognized that there is no objection even if compulsory execution is performed.” (2) The Defendant A filed an application for the seizure and collection order of the claim for the purchase price of this case against E under the instant notarial deed against E as the title of execution.

On October 17, 2014, the above court rendered a decision citing Defendant A’s claim attachment and collection order. D.

The distribution procedure of this case.

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