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(영문) 대구지방법원 2021.02.18 2020가단106173
배당이의
Text

1. The defendant among the distribution schedule prepared by the same court on February 18, 2020 with respect to the distribution procedure case of Daegu District Court C.

Reasons

1. Basic facts

A. In the Daegu District Court C distribution procedure of the Daegu District Court 2019 District Court 250,007,685 won as the dividend foundation the sum of the deposit and interest deposited as 6568 Won, the court shall distribute the full amount of the claims reported to the debtor D Co., Ltd. (hereinafter referred to as "debtor Co., Ltd.") among creditors, creditors of the debtor D Co., Ltd. (hereinafter referred to as "debtor Co., Ltd"), creditors of the first rank of the debtor debtor E Co., Ltd., the second rank of creditors, the F Co., Ltd., G Co., Ltd. (the provisional attachment right), H Co., Ltd. (the provisional attachment right), the I Co., Ltd. (the provisional attachment right), the defendant B (the Daegu District Court 2017 Co., Ltd.) and the plaintiff Co., Ltd. (the defendant Co., Ltd. (the defendant Co.,, Ltd.) by the method of distributing the amount of claims to some of the debtor Co., Ltd. (the defendant).).

B. According to the distribution schedule, the amount of 661,962,254 won as to the amount of 191,479,821 won as to the amount of the claim reported to the Plaintiff by the collecting authority, and the said collecting authority was to distribute the amount of 95,219,109 won as to the amount of the claim reported to the Defendant by the same collecting authority to the Defendant.

(c)

The Plaintiff raised an objection to the entire dividend payment to the Defendant, and filed a lawsuit of objection to the instant dividend payment within a legitimate date.

2. On the other hand, the Defendant asserted that the Defendant received a seizure and collection order (hereinafter referred to as “the seizure and collection order of the instant claim”) from the Daegu District Court 2017, and issued a seizure and collection order (hereinafter referred to as “the seizure and collection order of the instant claim”) under 107757 with the title of execution of the certificate of 121,04,130 won (hereinafter referred to as “the fair deed of this case”) which was created between the Defendant and the debtor company and the defendant. The Defendant received the seizure and collection order of the instant claim and the collection right based on the seizure and collection order of the instant claim of this case, who was entitled to receive dividends in the distribution procedure of this case.

However, the process deed of this case is valid.

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