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(영문) 수원지방법원 안산지원 2018.02.07 2016가단59709
배당이의
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 28, 2014, G transferred the instant trading business to L under the brokerage of Plaintiff B Co., Ltd. (hereinafter “Plaintiff intermediary”) on September 25, 2015 without paying the transfer price of KRW 1.6 billion.

B. Accordingly, with respect to the claim for deposit in G M bank, Plaintiff A received the payment of the unpaid transfer price from Plaintiff A on November 10, 2015, KRW 100 million, the Plaintiff intermediary corporation received a provisional attachment order of KRW 59.1 million on December 3, 2015, and KRW 88,756,400 on December 14, 2015, respectively.

C. Meanwhile, with respect to the foregoing deposit claim, Defendant D was subject to the notarial deed of promissory notes (Law Firm H H, Law Firm H, No. 246, Nov. 26, 2015) with the amount of KRW 420 million on November 26, 2015, and Defendant E was subject to the order of seizure and collection based on the notarial deed of promissory notes with the amount of KRW 500 million on December 8, 2015 (Law Firm H, Law Firm H, No. 2555).

In the instant distribution procedure on the deposit money of the said deposit claim, the court of execution prepared and presented the distribution schedule (hereinafter “instant distribution schedule”) by allocating the amount of KRW 8,540,862 to the Plaintiff in proportion to the amount of each claim on April 20, 2016, which was the date of distribution, KRW 7,580,561 to the Plaintiff Company, KRW 5,580,561 to the Plaintiff Company, KRW 35,871,618 to the Plaintiff Company, KRW 32,704,307 to the Defendant Company, and KRW 42,704,307 to the Defendants Company. The Plaintiffs raised an objection against the total amount of dividends to the Defendants.

【Ground for Recognition】 1, 2, 6-13, 16 evidence (including paper numbers), 1, 6, and 8 evidence, each of the facts in this court, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is that Defendant E is a company substantially managed by N, which is the representative of G. Defendant D is a person registered as Defendant E’s inside director, and Defendant D is a false promissory note notarial deed in collusion with N for the purpose of evading obligations to the Plaintiffs.

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