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1. Of the distribution schedule prepared on April 24, 2018 with respect to the instant case of distribution procedure C by this Court, this Court against the Defendant.
Reasons
1. Basic facts
A. The Plaintiff Company requested provisional attachment of the claim amount of KRW 40,000,000 (the claim amount for E is KRW 13,000,000) as the court’s claim amount as the claim amount of KRW 40,000,000 (the claim amount for E is KRW 13,000,000) on the ground of the loan claim against the Plaintiff Company D (hereinafter “Nonindicted Company”). The provisional attachment order of the instant claim was served on April 7, 2017. The provisional attachment order of the instant claim was served on E on April 12, 2017.
B. Meanwhile, on November 14, 2017, the Defendant Company filed an application with the non-party company for a payment order claiming the payment of loans of KRW 29,000,000 and damages for delay as loans of KRW 29,000,000 with the court below 2017Hu29161. Upon the issuance of the payment order citing the above, the Defendant Company filed an application for the seizure and collection order of KRW 45,262,402 with the court of this case as to the deposit claims of the non-party company against the non-party company E by requesting the seizure and collection order of KRW 45,262,402 with the court of this case as to the deposit claims of the non-party company E, and received the seizure and collection order of the claim of this case on December 20, 2017 (hereinafter “instant seizure and collection order”).
C. On January 4, 2018, E deposited KRW 9,985,615 on the ground of the provisional seizure of the instant claim and the seizure and collection order of the instant claim.
On April 24, 2018, in this Court C/C distribution procedure, KRW 7,632,053 out of KRW 9,824,087, which is the amount to be actually distributed to the Defendant Company, the collection authority, and KRW 2,192,034, which is the provisional seizure authority, was prepared in the distribution schedule (hereinafter “instant distribution schedule”). The Plaintiff Company appeared on the date of the said distribution date and stated that there was an objection against the whole amount of dividends to the Defendant Company, and filed the instant lawsuit on April 30, 2018.
[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence (including branch numbers, hereinafter the same shall apply) and Eul 5 and 6 evidence.