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(영문) 의정부지방법원고양지원 2016.09.02 2015가단28275
배당이의
Text

1. On September 24, 2015, the above court with respect to the distribution procedure A case of the Goyang Branch District Court in the instant lawsuit.

Reasons

1. Basic facts

A. The Plaintiff’s claim and provisional attachment filed an application for provisional attachment on March 12, 2015 with respect to the real estate owned by the Plaintiff as the creditor of the collection amount against Nonparty B Co., Ltd. (hereinafter “B”), and with respect to the real estate owned by the Plaintiff as the claim amounting to KRW 154,258,036, the claim amounting to KRW 2015Kadan5072, the amount of the above collection amount was registered as the claim amount, and the purport thereof was registered around that time.

On April 17, 2015, B deposited KRW 154,258,036 (hereinafter “instant deposit”) as deposit at sea for the cancellation of the execution of the said provisional seizure with the Plaintiff and Yong Steel Steel Co., Ltd. as the principal deposit, and deposited KRW 154,258,036 (hereinafter “instant deposit”).

B. On the other hand, on June 10, 2015, the Defendant filed an application against B for a payment order claiming KRW 2,092,14,308 with the Sungwon District Court 2015Da1253, Sungnam-si, Gwangju District Court 2015Da1253, and damages for delay, and received the said decision on June 19, 2015, and the said payment order became final and conclusive on the grounds that B did not raise an objection despite having received the said payment order.

Since then, the Defendant applied for the attachment and assignment order of the claim amounting to KRW 953,00,000 among the claims under the above payment order as the claim amounting to KRW 953,00,000, which was issued in order to obtain the above order and received the order. The claim amounting to KRW 160,000,000 among the claims to be seized and transferred under the above bond seizure and assignment order and the claim amounting to KRW 20,000 among the claim amount deposited by B for the Plaintiff and Yong Steel Co., Ltd. and the interest thereon

Meanwhile, on August 7, 2015, the above claim attachment and assignment order as requested by the Defendant reached the Republic of Korea.

C. On September 24, 2015, the lower court, in the proceeding of the distribution procedure and filing a lawsuit of demurrer against distribution, distributed 154,281,254 won as the actual amount to be distributed under the distribution procedure (A) as to the deposit money for the foregoing year on September 24, 2015, according to the ratio of each amount of credit to the company, the Plaintiff, and the Defendant.

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