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(영문) 서울북부지방법원 2018.05.01 2017가단125969
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Based on C’s claim for unjust enrichment of KRW 250,00,000 and KRW 395,000,000 against C, the Plaintiff provisionally seized the claim against C with the District Court Decision 2016Kadan50169 and December 27, 2016, based on the claim for unjust enrichment of KRW 250,000 and KRW 395,000,000.

B. On December 22, 2016, the Defendant received a payment order (hereinafter “instant payment order”) stating that “C shall pay 130,000,000 won and damages for delay at the rate of 30% per annum from May 28, 2010 to the date of complete payment” from the above court on January 19, 2017, upon filing an application for a payment order with C seeking payment of loans with this Court No. 2016,6092, and the said payment order was served to C and finalized on February 8, 2017.

Accordingly, on February 21, 2017, the Defendant received a collection order for the seizure and collection of C’s dividend claim against the Republic of Korea by the court 2017TT 2528.

C. Upon receipt of a collection order from multiple creditors, Korea deposited KRW 368,898,962 with the District Court 2017Hun2412, and deposited KRW 368,898,962 with the District Court. Of the amount to be actually distributed on July 20, 2017 in the distribution procedure for the deposit, KRW 368,963,650, ① Person holding a provisional attachment (Government District Court 2016Kadan50169), KRW 54,661,425 (Amount of Claim 250,000,000, and dividend rate of KRW 14.815%) with the Plaintiff, who is the person holding a provisional attachment (Government District Court 2016Kadan432), KRW 365,051 (Amount of Claim 395,000,000, KRW 200, KRW 200, KRW 2081, KRW 2532847.26).36

Accordingly, the Plaintiff raised an objection to the dividend amount against the Defendant among the distribution schedule of this case, and filed a lawsuit of demurrer against the distribution of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and Eul evidence 5.

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