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(영문) 대전지방법원서산지원 2017.05.31 2016가단8246
배당이의
Text

1. Of the distribution schedule prepared on November 23, 2016 by the said court with respect to the distribution procedure B case of the Daejeon District Court Seosan Branch B.

Reasons

1. Facts of recognition;

A. On October 16, 2014, the Plaintiff filed a lawsuit against C seeking the payment of the purchase price of goods (Seoul District Court Jinwon District Court Decision 2014Da8871), and received a judgment that “C shall pay to the Plaintiff the amount of KRW 57,48,00 and the amount calculated at the rate of 20% per annum from November 30, 2013 to the date of full payment,” and the above judgment was finalized on November 5, 2014.

B. On July 26, 2016, the Plaintiff: (a) received a claim attachment and collection order under the Seosan Branch of Daejeon District Court 2016TTT2066, with respect to the claim against Taean-gun of Daejeon District Court (the claimed amount of KRW 88,164,464) by deeming the final judgment as an executive title (the claimed amount of KRW 88,164

C. On August 10, 2016, the Defendant filed an application for a payment order (Seoul District Court Decision 2016 tea196, hereinafter “instant payment order”) with a loan of KRW 120,000,000 against C as the cause of the application. The said payment order was finalized as of September 6, 2016 as the purport of the application.

On September 29, 2016, the Defendant issued a collection order for the seizure and collection of the claim to the Taean-gun of Daejeon District Court to the Daejeon District Court 2016TTT2696, which transferred provisional seizure to the original seizure, with the title of execution of the instant payment order as the title of execution.

E. In the distribution procedure (Sasan Branch Branch Branch Branch Branch Branch of Daejeon District Court No. 2016No. 1397) related to the deposit money deposited by Taean District Court (Sasan Branch Branch Branch Branch of Daejeon District Court) by Taean District Court (Sasan Branch Branch Branch Branch Branch Branch Branch of Daejeon District Court) of the third debtor, the court of execution prepared a distribution schedule of KRW 32,363,580 among the amount to be actually distributed on November 23, 2016, and KRW 47,626,862 to the plaintiff who is the collection authority, who is the collection authority, among the amount to be distributed on November 23, 2016.

F. The Plaintiff raised an objection to the whole amount distributed to the Defendant on the date of the foregoing distribution, and filed the instant lawsuit on November 25, 2016, within one week thereafter.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff alleged by the parties is false for the defendant's claim based on the payment order of this case.

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