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(영문) 서울중앙지방법원 2015.12.11 2014가단5313891
배당이의
Text

1. Of the distribution schedule prepared on November 7, 2014 by this Court with respect to the distribution procedure case A by the Seoul Central District Court, the defendant is the defendant.

Reasons

1. The Defendant, on August 23, 2012, received the decision of acceptance in the Seoul District Court Decision 2012Hu57506, Seoul District Court Decision 2012Hu57506, which filed against E&O corporation (hereinafter “E&O”) and B (hereinafter “B”), and issued a seizure and collection order as to B’s claim against the third party with the above payment order claim as the claim against B’s claim against the above payment order.

The Plaintiff, with the claim claim against B, was subject to a provisional attachment as to the above land usage fee claim under this Court No. 201Kadan49925, 2012Kahap79 and 2012Kadan30852.

In this Court A distribution procedure case, the Plaintiff reported a total of KRW 146,224,656 won (=20,000,000 on provisional seizure No. 201Kadan4925) as dividends claim amounting to KRW 116,06,656 on provisional seizure No. 2012Kadan30852 on provisional seizure No. 2012Kadan308,000 on provisional seizure No. 2012Kahap79). The Defendant reported the amount of KRW 139,803,995 as dividends claim amounting to KRW 148,672,291 on January 17, 2014, the Plaintiff divided the amount of KRW 76,004,815 on the provisional seizure No. 2011Kadan4925 on the provisional seizure No. 3925,625,297,297,297,29727,2947,27297,297.27

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Determination

A. The following circumstances are revealed as to whether the Defendant’s claim was false or not, and the purport of the entire argument was integrated in the statement in the evidence Nos. 3 through 10, namely, the Defendant’s loan claim of KRW 400 million (joint guarantor B) against E&O Nos. 400 million, claiming that the Defendant was the basis of the above payment order, is the Plaintiff’s internal director, etc., and the above KRW 400 million was reverted to C, etc. via E&O Nos. 400 million, according to the following circumstances:

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