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(영문) 청주지방법원 2018.11.23 2017가단3758
배당이의
Text

1. Of the distribution schedule prepared by the Cheongju District Court on March 22, 2017 with respect to C dividend procedures cases, the amount of dividends to the Defendant.

Reasons

1. Basic facts

A. The Plaintiff, based on the executory exemplification of the judgment in the management expenses case (No. 2015da12611) against D Co., Ltd. (hereinafter “D”), filed an application for the seizure and collection order of the credit with the above court under the above court’s 2016TT No. 53576, Dec. 5, 2016, the Plaintiff received from the above court a seizure and collection order of the claim amounting to KRW 22,00,000 under the credit card merchant agreement against D Co., Ltd. (hereinafter “the National Card”), and the decision became final and conclusive.

B. On December 10, 2014, D and the Defendant drafted a notarial deed of a monetary loan agreement for transfer security (hereinafter “notarial deed of this case”) with the effect that a notary public shall transfer ownership of D owned goods to the Defendant by means of the possession revision of the said loan obligation, and that D borrowed 500 million won from the Defendant on November 30, 2014 with the interest rate of 12% per annum, 20% per annum, 20% per annum, and the due date for repayment on November 30, 2016, respectively. If D fails to perform the above loan obligation, it shall be acknowledged that there is no objection even if compulsory execution is conducted, and that D’s notarial deed of a monetary loan for transfer security (hereinafter “instant notarial deed”) was attached to D’s notarial deed with the content that D borrowed 500 million won from the Defendant on November 30, 2014.

C. Based on the original copy of the instant notarial deed, the Defendant filed an application for a seizure and collection order with the Cheongju District Court 2016TTTF 8358, and on December 28, 2016, issued a seizure and collection order with respect to the credit card payment claim of KRW 100 million under the credit card merchant agreement with the debtor’s third party debtor card from the above court, and the decision became final and conclusive.

On January 11, 2017, Seoul Central District Court deposited KRW 31,578,343 as Seoul Central District Court 2017Ra78, when seizure of D's card purchase-price claim competes.

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