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(영문) 제주지방법원 2017.08.22 2016가단6186
배당이의
Text

1. Of the distribution schedule prepared on April 29, 2016 by the said court with respect to the Jeju District Court B distribution procedure case, the defendant is against the defendant.

Reasons

1. Basic facts

A. On August 20, 2003, the Plaintiff (former Trade Name: hereinafter “Plaintiff, regardless of whether it was before or after the change,”) filed a lawsuit claiming acquisition of money with the Daejeon District Court 2003Gahap3328, and the above court rendered a judgment on August 20, 2003 that “C shall jointly and severally with D and E pay to the Plaintiff 832,061,754 won and 400,000 won with the interest of 21% per annum from October 1, 2002 to the date of full payment,” and the above judgment became final and conclusive as of September 18, 2003.

B. On May 4, 2015, the Plaintiff issued a collection order for the claim against the Bank, etc., as the Jeju District Court 2015TT 2538, with respect to the claim against the Bank, etc., the Plaintiff received the seizure and collection order.

On January 18, 2016, the Defendant drafted a notarized F Office No. 105 of the Monetary Loan Agreement No. 105 of 2016 (hereinafter “instant No. notarial Deed”) with the content that “C borrowed KRW 500 million from the Defendant on April 22, 2015 at the maturity date, KRW 50 million per annum, KRW 5% per annum, and KRW 25% per annum.” Based on the instant No. notarial Deed, the Defendant was issued a collection order with the Jeju District Court 2016ta No. 512 with respect to the claim against C’s non- card Co., Ltd. based on the instant No. notarial Deed.

C. On April 29, 2016, the distribution procedure was conducted in Jeju District Court B with respect to the deposit money executed by Non-CC Card Co., Ltd., the garnishee, and the said court drafted a distribution schedule by allocating the amount of KRW 13,234,216 to the Plaintiff, and KRW 10,028,566 to the Defendant, respectively (hereinafter “instant distribution schedule”).

On April 29, 2016, the Plaintiff appeared on the date of distribution, and raised an objection to the total amount of the Defendant’s dividends. On May 4, 2016, the Plaintiff filed the instant lawsuit.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, and 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as to C.

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