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(영문) 서울중앙지방법원 2018.10.12 2016가단136352
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 21, 2010, the Plaintiff filed an order for payment with the Suwon District Court F Co., Ltd. (hereinafter “F”) with the payment order under the Suwon District Court Branch Branch Order 2010 tea7371, and on October 21, 2010, “F shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment.” The above payment order was finalized on December 8, 2010.

On April 15, 2011, the Plaintiff received a seizure and collection order on the purchase price and damages claim that F owns from a third party debtor, G, etc., as Seoul Central District Court 2011TTT 13101.

B. On May 16, 2007, the notary public drafted on May 16, 2007 the No. 49, No. 2007, a deed of money consumption loan contract (hereinafter “notarial deed of this case”) between F, its representative director H and the deceased C, the inheritee of the Defendants (hereinafter “the deceased”).

C. On February 20, 2003, the notarial deed of this case states that "the creditor (the deceased) lent the amount of KRW 2,900,000,000 to the debtor, and the debtor (F and H) decided to repay the above amount to the deceased until June 18, 2007. The interest rate shall be 20% per annum, and if the repayment of principal or interest is delayed, the delayed principal or interest shall be paid at a rate of 20% per annum for the delayed principal or interest. In the event of failure to perform the monetary obligation under this contract, the delayed principal or interest shall be paid at a rate of 20% per annum."

On July 30, 2007, the Deceased received a collection order for each of the above claims against the third obligors, including G, by the Seoul Central District Court 2007TTT1810, and by the court 2010TT8722 on March 17, 2010.

E. The distribution procedure was initiated to Seoul Central District Court E as the third debtor, including G, deposited the F amount of credit in the future, and the said court on November 4, 2016.

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