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(영문) 수원지방법원 2016.04.14 2015가단122835
배당이의
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against B and the Plaintiff’s seizure and sale order 1) are limited to “B” corporation B (hereinafter “B”).

(2) On June 30, 208, Busan District Court Decision 2007Da113911 filed a lawsuit against the Plaintiff, and on June 30, 2008, “B, etc. shall jointly and severally pay to the Plaintiff 284,341,787 won and 283,873,938 won per annum from October 6, 2007 to June 30, 2008, and 20% per annum from the next day to the day of full payment.” The Plaintiff’s appeal against the above judgment (Seoul High Court Decision 2008Na12743) and the appeal (Supreme Court Order 2009Da3418) were dismissed, and the Plaintiff filed an application for sale of the said capital goods with the court Order 209Da12527, Feb. 27, 2009 (the court Order 2009Da3418) as the Plaintiff’s order for sale of the said capital goods under this case’s order.

B. On May 16, 2013, the Defendant filed an application against B for a payment order of promissory notes (Seoul Central District Court 2013 tea37048) against B on May 16, 2013. The above payment order was finalized on May 30, 2013. (2) The Defendant made the debtor B and the third debtor as the capital goods mutual aid association and filed an application for the seizure of the investment certificate of this case on the basis of the payment order finalized under the above court 2013TT18465.

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