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(영문) 인천지방법원 2018.06.20 2017가단18384
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2015, the Plaintiff filed an application for provisional seizure of claims with the Incheon District Court by designating D (hereinafter “D”) as the obligor of KRW 60,39,363 as the claim for the purchase of goods, and received a decision on provisional seizure of claims against D’s claim against D’s claim for the purchase of goods up to KRW 10,39,363 out of D’s claim for the purchase of goods.

B. On March 31, 2016, the Plaintiff filed a lawsuit against D to file a claim for aggregate price, etc. with the Incheon District Court, “D shall pay to the Plaintiff 20% per annum from September 12, 2015 to September 30, 2015, and 15% per annum from the next day to the day of complete payment” (2015Gahap56631).

Although D appealed against this, (Seoul High Court 2016Na2025582), it was dismissed, and the judgment was finalized on December 23, 2016.

C. Meanwhile, Defendant A, from November 11, 2014 to November 1, 2014, entered into a notarial deed for money loan for security (hereinafter “notarial deed”) with a notary public who is determined at the rate of KRW 196,396,820 as loans as of November 1, 2014, due date, November 20, 2014, and 25% per annum of the rate of delay damages, as of November 201, 2014.

On February 25, 2016, Defendant A requested the Incheon District Court to issue a seizure and collection order concerning D's claims against D's Jeju Television Contac, etc. based on the No. 1 notarial deed, and received a ruling of acceptance from the above court (the claim amount is KRW 64,625,631, which is the amount calculated by dividing the sum of the principal and delayed payment on the No. 1 notarial deed and KRW 247,100 by four according to the number of the garnishees).

Defendant B, from D on August 24, 2015 to March 13, 2015, drafted a notarized deed of money consumer loan agreement No. 183 of 2015 (hereinafter “No. 2 No. 183”) in the office of notary public, which was named as loans of KRW 270,00,000 as of March 13, 2015, due date of payment of KRW 30,00, August 31, 2015, and due interest rate of KRW 24% per annum.

The above defendant shall seize to the Incheon District Court the claims against D with respect to D's sun-day containers, etc. on the basis of the second notarial deed.

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