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(영문) 서울남부지방법원 2016.11.04 2016가단31002
배당이의
Text

1. Of the distribution schedule prepared by the said court on July 22, 2016 in Seoul Southern District Court C’s distribution procedure case, the Defendant is against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against D lent KRW 10 million to D around April 28, 2014.

On April 29, 2014, Plaintiff and D drafted a notarial deed with respect to promissory notes issued on April 28, 2014, the date of payment, as of January 30, 2015.

B. On May 27, 2014, D died on May 29, 2014.

(2) On March 13, 2015, the Defendant, who is the spouse of D, filed a report on the approval of inheritance with the Seoul Family Court 2015-Ma797, and received from the above court a report on the qualified acceptance on January 26, 2015, accompanied by the attached inherited property list, by the applicant’s inheritance of D’s property.

The list of the above attached inherited property does not include D's active property, and it is written that the above loan amount of KRW 10 million against the defendant, and only the interest liability for the above loan amount of KRW 10 million is a small property.

(3) In Seoul Southern District Court 2014 Ghana127910, the said court rendered a judgment on September 8, 2015, that “the Defendant shall pay to the Plaintiff 10 million won and the amount calculated at the rate of 5% per annum from January 16, 2015 to September 8, 2015, and 20% per annum from September 9, 2015 to the date of full payment, within the scope of the property inherited from the network D.”

C. On June 30, 2014, the Defendant’s insurance proceeds and seizure of insurance proceeds (1) Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “former Sea”) determined the amount of damage as KRW 50 million in relation to D’s traffic accidents and death (the amount calculated by deducting KRW 28 million in total, KRW 560 million in total, KRW 28,706, KRW 847 in total, KRW 28,000 in total, KRW 28,706, KRW 847 in total, funeral expenses KRW 2.1 million in total, KRW 512,440 in total, KRW 6.3 million in total, and KRW 6.3 million in total) and deposited the amount into the Defendant’s Korea Post (post offices) deposit account.

(2) The Defendant’s loan is based on the above Seoul Southern District Court Decision 2014 Ghana127910.

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