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1. On August 1, 2015, Defendant B and Nonparty D entered in the separate sheet between Defendant B and Nonparty D.
Reasons
1. Basic facts
A. For several years, the Plaintiff made a transaction with D Co., Ltd. (hereinafter “D”), and filed an application for payment order against D on December 16, 2015, seeking payment of the amount of residual waste treatment under the Cheongju District Court Support 2015 tea742, and the said court issued a payment order on December 21, 2015, and the said payment order became final and conclusive on January 8, 2016.
B. On January 20, 2016, the Plaintiff received a provisional attachment order regarding D’s claim for payment of deposit money of KRW 99,240,301 deposited in D in the future by the E Center as the Jung Government District Court 2016Kadan114, and on February 16, 2016, the Plaintiff received a provisional attachment order for the said claim under the above court 2016 Tage196 to transfer the provisional attachment to the original attachment.
Meanwhile, on February 19, 2016, Defendant B (hereinafter “Defendant B”) received a seizure and collection order regarding D’s claim for payment of deposit deposit under the above court No. 2016T2325.
C. In the distribution procedure (F) for the above deposit, the judicial assistant officer prepared a distribution schedule with the content that the amount of KRW 9,237,977 to be distributed on June 23, 2016 is divided in proportion to the amount of claim 70,754,681 won against D reported by the Plaintiff and the amount of claim 650,000,000 won against D reported by the Defendant B.
Accordingly, the amount of KRW 9,741,944 (9,817%) to the plaintiff and KRW 89,496,03 (90.183%) to the defendant B was determined as the amount of each dividend.
Accordingly, the Plaintiff filed a lawsuit of demurrer against the Defendant B as the District Court Decision 2016Da114651, and on March 30, 2017, the said court rendered a ruling that the amount of dividends to the Plaintiff out of the said distribution schedule would be KRW 17,520,82, and the amount of dividends to Defendant B would be KRW 89,496,03,03,817,155.
In relation to the above judgment, the Plaintiff appealed to the above court 2017Na204262, but the appeal was dismissed on December 7, 2017, and the Plaintiff appealed to the Supreme Court 2018Da201696, but the appeal was dismissed on March 29, 2018, and the judgment of the first instance court was rendered on April 2, 2018.