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(영문) 인천지방법원 2017.06.14 2016가단46948
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. The Lao Industry Development Co., Ltd. (hereinafter “Non-Industrial Development”) received a seizure and collection order (hereinafter “the instant collection order”) against the Plaintiff, based on the title of execution against the Plaintiff (Seoul District Court Decision 2013Gahap3108 Decided February 12, 2015, rendered the Incheon District Court’s 2016TTT2851 as the title of execution against the Plaintiff.

On May 27, 2016, the distribution procedure (hereinafter “instant distribution procedure”) commenced on May 27, 2016 with the deposit amount deposited by the Industrial Bank of Korea (In Incheon District Court 2016No4985).

B. On June 17, 2016, Defendant A, based on the title of execution for the development of the biotechnology (an order for payment for the goods price of the Daegu District Court 201j498 Permanent Residential Court 201j498), was issued on June 17, 2016 with the attachment and assignment order of the claim against “46,425,286 won out of the dividend claim that the development of the biotechnology will receive in the distribution procedure of this case” (hereinafter “instant assignment order”).

On June 21, 2016, the above assignment order was served on the Republic of Korea and became final and conclusive on August 9, 2016.

C. On June 17, 2016, Defendant Dong New Co., Ltd. (hereinafter “Defendant Dong New Co., Ltd”) received an assignment order (hereinafter “instant assignment order”) against “17,827,505 won out of the dividend claim to be paid in the instant distribution procedure,” based on the title of execution for the development of the non-industry (an order for payment for the purchase price for goods in the Daegu District Court-dong Branch of Permanent Residence Branch of the Daegu District Court 2012 tea Branch of the Daegu District Court 2012 tea Branch of the Daegu District Court 1212, Jun. 17, 2016.

On June 21, 2016, the above assignment order was served on the Republic of Korea and confirmed on August 9, 2016.

On June 23, 2016, the development of the biotechnology is the instant case’s distribution procedure.

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