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(영문) 전주지방법원 2020.01.30 2019나2240
배당이의
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 28, 2007, the Plaintiff filed an application for commencing rehabilitation procedures with the Jeonju District Court 2007hap1, and the said court rendered a decision to commence rehabilitation procedures on September 18, 2007, the decision to revise the rehabilitation plan on May 20, 209, and the rehabilitation procedures were completed on September 3, 2014.

(hereinafter “instant rehabilitation procedure”). B.

During the rehabilitation procedure of this case, the Defendant filed a subsequent report on the promissory note bonds issued or endorsed in the name of the Plaintiff via Nonparty E (hereinafter “instant promissory note bonds”) Nos. 1 through 10 as rehabilitation claims against the Plaintiff.

C. Under the rehabilitation procedure of this case, D’s representative director D, who was the Plaintiff’s administrator, was the time of the issuance of the above promissory note claim as a rehabilitation claim, and the above claim

(hereinafter “The Table of Rehabilitation Creditors”). D.

After the completion of the rehabilitation procedure of this case on April 30, 2018, the Defendant received a seizure and collection order as to the claim of KRW 40 million against the deposit claim of the Plaintiff (third party debtor) and the claim for the payment of the goods of KRW 40 million against the Plaintiff (third party debtor) by the Jeonju District Court 2018TB as the executive title of the rehabilitation creditors of this case with executory power on April 30, 2018.

E. As to this, the Jeonju District Court deposited KRW 40 million with the Jeonju District Court 2018Hun1633, and the Jeonju District Court commenced the distribution procedure for the said deposit as C (hereinafter “instant distribution procedure”).

On the date of distribution of the instant distribution procedure opened on July 11, 2018, the Jeonju District Court prepared a distribution schedule to distribute to the Defendant the entire amount of KRW 39,94,040,000, which is to be actually distributed, excluding the execution cost, from the deposit money of KRW 40 million and the interest, with the exception of the execution cost. On the same day, the Plaintiff cannot be deemed to be null and void or at least the Defendant cannot be deemed to be its creditor.

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