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(영문) 창원지방법원통영지원 2016.08.17 2016가단20540
배당이의
Text

1. Of the distribution schedule prepared on January 28, 2016 by the said court with respect to the distribution procedure C by the Changwon District Court Division Division C.

Reasons

1. Basic facts

A. On July 26, 2010, the Plaintiff: (a) received the principal and interest on the D of the Korea Transportation Credit Cooperative; and (b) applied for a collection order for the claim against D’s payment claim that D had against D’s third obligor, by 2010T2768.

B. Defendant A asserted that he lent D KRW 80 million to D on October 1, 2006. On September 23, 2009, Defendant A applied for a payment order with the Changwon District Court 2009j1543, which was issued on September 23, 2009, and the said payment order became final and conclusive on October 13, 2009.

Accordingly, on October 28, 2009, Defendant A applied for a collection order for the seizure and collection of the benefit claim that D had against the third debtor's grace period in this Court No. 2009TT2969.

C. Defendant B asserted that he lent KRW 65 million to D on June 1, 200, and that he applied for a payment order with the Changwon District Court Decision 2009Da1565 on September 28, 2009, and the payment order was finalized on October 20, 2009.

Accordingly, on October 28, 2009, Defendant B applied for the seizure and collection order as to the benefit claim that D had against the third debtor's grace period in this Court No. 2009TT2968.

The macro-si deposited the benefits to D under this Court No. 2015Hun1375 on the ground that the collection order conflicts with multiple claims against D including the Plaintiff and the Defendants.

Accordingly, in this Court C/C distribution procedure for the said deposit (hereinafter “instant distribution procedure”), KRW 17,715,417 of the amount to be actually distributed was formulated as follows on the date of distribution on January 28, 2016, the distribution schedule was formulated to distribute the said deposit to the creditors, including the Plaintiff and the Defendants.

A collection authority 2,299,510 won, 24,628,716, 1 collection authority, 952,831 won, Defendant B 141,558,949 won, Defendant A 100,638,608 won, 100,638,393 won, 2,29,510 won, 24,628,710 won.

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