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(영문) 대전지방법원 홍성지원 2017.04.20 2016가합650
배당이의
Text

1. Of the distribution schedule prepared on May 4, 2016 by the same court with respect to the distribution procedure B case of the Daejeon District Court Red Branch B.

Reasons

1. Basic facts

A. The Defendant asserted that, as Daegu District Court 2014Kahap3046, KRW 300,000, which is a part of the claim for damages against C’s agricultural partnership (hereinafter “foreign partnership”) was the claim amount, the Defendant filed an application for provisional seizure of real estate with the value of KRW 129,751 square meters of land owned by the Nonparty Corporation, and received a decision of acceptance from the said court on May 22, 2014.

B. On October 28, 2015, a non-party corporation deposited KRW 300,000,000 in the Daegu District Court (hereinafter “instant amount of deposit”) with the deposit money for the cancellation of provisional attachment execution.

C. The Plaintiff asserted that the Hongsung Branch of Daejeon District Court issued a claim amounting to KRW 1,00,763,880 against the non-party corporation as the Hongsung Branch 2016TT 656, and filed an application for a seizure and collection order with the debtor, the third debtor, the Republic of Korea, and the amount claimed, KRW 1,000,763,880, and the object as the claim for recovery of the amount deposited at sea in this case. On March 24, 2016, the Plaintiff received a decision of acceptance from the above court.

The distribution procedure was conducted on May 4, 2016, under which the principal and interest of the deposit money for the sea bank in this case was the object of KRW 300,079,343 (hereinafter “distribution procedure of this case”). On May 4, 2016, the above court presumed the Plaintiff’s amount of credit to KRW 1,00,763,80, and the Defendant’s amount of credit to KRW 300,00,000, respectively, and calculated the Plaintiff and the Defendant’s dividends in the way of distributing the amount of credit according to the ratio of the amount of credit.

Accordingly, the distribution schedule of the instant distribution procedure (hereinafter “instant distribution schedule”) was written as KRW 230,870,931 of the Plaintiff’s dividend amount, and KRW 69,208,412 of the Defendant’s dividend amount respectively.

E. On May 4, 2016, the Plaintiff appeared on the date of distribution of the instant distribution procedure, and stated an objection against the whole amount of dividends to the Defendant among the instant distribution schedule, and filed the instant lawsuit on May 10, 201, within one week thereafter.

recognized.

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