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(영문) 대전지방법원 2019.02.12 2018가단13711
배당이의
Text

1. Of the additional dividends schedule prepared by the said court on June 26, 2018 in the distribution procedure of Daejeon District Court E, against the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff’s order of seizure and collection was issued by the Daejeon District Court 2017TTT 4210: F, a third debtor, G Co., Ltd. (hereinafter “G”), and the indication of the claim to be seized and collected: The obligor received from the third debtor the seizure and collection order of the claim (hereinafter “instant collection order”) with the amount of the claim amount (140 million won) from the third debtor to the amount of the claim amount (140 million won), and the written decision was served on G, which is the third debtor on April 14, 2017.

B. Defendant B, as the Daejeon District Court 2017Kadan50610, Defendant B’s provisional seizure against the claim of Defendant B (hereinafter “Defendant B”), the debtor F, 3 debtor: G, the amount of claim: KRW 8,710,511, and indication of the claim to be provisionally attached: The provisional seizure order against the claim amounting to the above claim amount among the goods-price claims that the debtor supplied to the third debtor and possessed to the third debtor, which was the amount up to the above claim amount (hereinafter “Defendant B’s provisional seizure order against the claim”), was served on March 21, 2017. The written decision was served on the garnishee on March 22, 2017.

C. The Defendant New Security Credit Guarantee Fund (hereinafter “Defendant New Security Fund”)’s provisional seizure of the Defendant’s claim by the Daejeon District Court 2017Kadan5143: F, claim amount: G: KRW 768,50,000; and indication of the claim to be provisionally attached: The Defendant’s claim was sent to the Defendant on May 10, 2017, with the amount of money up to the above claim amount among the sales claims, such as combat aircraft flight training equipment, aircraft booms, etc., owned by the Defendant to a third party (hereinafter “Defendant New Security Order”), and the written decision was served to the Defendant on May 15, 2017.

The third obligor’s deposit account is that “F is difficult to receive a multiple seizure order, etc. and make payment to a specific creditor on the grounds that “F is subject to a multiple seizure order, etc. for the amount of KRW 171,945,84, which is to receive from G,” and the third obligor’s deposit account is filed on July 4, 2017, after executing the said KRW 171,945,884, which is based on Article 248 of the Civil Execution Act.

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