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(영문) 서울중앙지방법원 2015.05.12 2014가단163541
배당이의
Text

1. Of the distribution schedule prepared on July 25, 2014 by the above court with respect to the distribution procedure case C by the Seoul Central District Court, the defendant is the defendant.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against D to seek payment of the agreed amount as the Incheon District Court 2010Kadan22103. On August 24, 2010, the above court rendered a judgment that “D shall pay 5% per annum from December 21, 2009 to July 9, 2010, and 20% per annum from the following day to the full payment date.” The above judgment became final and conclusive around that time, the Plaintiff filed a lawsuit against D with the Plaintiff seeking payment of the agreed amount as the Incheon District Court 2010Kadan22103. The above court received the above collection order from the Plaintiff, as the Plaintiff’s 2014Mo1744, and the Plaintiff filed an application with the Plaintiff for the collection order as to the claim amount of KRW 42,00,000,000 from the Incheon District Court 42,000,000,000,000 won, and the amount of the claim amount of KRW 27414,254,741,27.

B. The Defendant’s attachment and assignment order 1) On January 2013, 2013, a notary public issued a promissory note of KRW 700,000,000 (hereinafter “notarial deed of this case”) with the issuer No. 14 of the 2013 Deed No. 14, which was 2013, a law firm.

(2) The Defendant, based on the authentic copy of the notarial deed as indicated in the Seoul Central District Court 2013TTT 6012, issued a claim attachment and assignment order of KRW 700,000,000 on February 26, 2013. The original copy of the claim attachment and assignment order was served on the third obligor, Incheon Bae. C. The distribution procedure was run 1) The Incheon Naet Korea deposited KRW 1,935,00,000,000,0000,000 won, excluding the prohibited seizure amount, in the first quarter of 2014, to be paid to D due to competition with the Seoul Central District Court 2014.

2. On July 25, 2014, the above court is Seoul Central District Court E.

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