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(영문) 의정부지방법원고양지원 2019.09.26 2019가단84945
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent money to Nonparty D, and filed an application with the Daejeon District Court for the payment order of loans No. 2009 tea1424, Daejeon District Court, and the above court issued the payment order with the purport that “D shall pay to the Plaintiff interest of KRW 4.5 million and interest calculated at the rate of 20% per annum from December 4, 2009 to the date of full payment.” The above payment order became final and conclusive around that time.

(hereinafter referred to as "first payment order"). (b)

On January 25, 2019, the Plaintiff issued a collection order for the attachment and collection of the above claim to the E Association on January 30, 2019, by designating D as the debtor and the third party debtor of the E Association, which was the High Government District Court Branch 2019TT 592. The attachment and collection order for the above claim was served to the E Association on January 30, 2019.

C. On September 4, 2014, the Daejeon District Court issued to D a payment order stating that “D shall pay to the Defendant the amount of KRW 285,341,00 and the expenses for demand procedure calculated at the rate of 20% per annum from the day following the delivery of the written application for payment order to the day of full payment,” and the above payment order was finalized on September 26, 2014.

(hereinafter referred to as "second payment order") d.

On March 18, 2019, the Defendant issued a collection order for the attachment and collection of the above bonds by designating D as the debtor and the third party debtor of the E Union and designating D as the debtor and the third party debtor of the E Union, and the above bond attachment and collection order was served to E Union around that time.

E. On June 20, 2019, a court of execution prepared and presented a distribution schedule that distributes KRW 178,755 to the Plaintiff on the date of distribution, and KRW 8,88,607 to the Defendant (hereinafter “instant distribution schedule”), the Plaintiff stated an objection against the total amount of dividends to the Defendant, and the instant lawsuit is filed.

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