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(영문) 부산지방법원 2016.08.11 2016가단306555
배당이의
Text

1. Defendant D among the distribution schedule prepared by the above court on February 22, 2016 with respect to the distribution procedure case of Busan District Court E.

Reasons

1. Basic facts

A. A and F related to the lease of A leased the Ulsan-dong H No. 103, Ulsan-dong Haakdong-dong, Ulsan-dong, B (hereinafter “Ulsan shop”).

B. Defendant C and A entered into a monetary loan agreement on June 16, 2015 with the purport that Defendant C lent KRW 1.6 billion to A from April 14, 2013 to May 12, 2014, and on June 17, 2015, Defendant C and C entered into an authentic deed as an I Joint Law Office No. 171 of 2015 with respect to the lease claim and assignment order of KRW 23,300,000,000,000 to Defendant C, and on June 17, 2015, the said loan was repaid until June 17, 2018, and interest was paid at 24% per annum and 25% per annum. 2) Defendant C received an assignment order of the lease claim and assignment order of 30,000,000 won based on the authentic copy of the authentic deed as of July 3, 2015.

On July 7, 2015, Defendant C’s attachment and assignment order was served on Defendant C G on July 7, 2015 and became final and conclusive on September 4, 2015.

C. On August 24, 2015, Defendant D’s attachment and assignment order issued an attachment and assignment order (hereinafter “Defendant D’s attachment and assignment order”) with respect to the claim on the basis of the No. 64 executory real estate loan contract of Taean Law Firm (No. 64), the claim amount of which is KRW 16,000,000,00 on the basis of the No. 64 of the money loan contract of Taean Law Firm, and the debtor A’s third obligor G was issued with respect to the claim for the refund of the lease deposit against the debtor A’s third obligor G.

On September 11, 2015, A's bankruptcy was accepted by the creditor J in Busan District Court 2015Hadan10082 and was declared bankrupt on December 3, 2015, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.

E. The Defendants’ dividends 1) G deposited KRW 3,967,100 in the balance of the lease deposit amount of A with respect to Ulsan Commercial Building (Seoul District Court 2015Hun-81. 2).

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