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1. Revocation of the first instance judgment.
2. As to the distribution procedure C case of the Jeonju District Court’s Military Branch C, the above court.
Reasons
1. Basic facts
A. Upon receipt of a request from D Co., Ltd. (hereinafter “D”), the Plaintiff transferred 500 million won in total to the deposit account of D’s agricultural cooperatives on July 21, 201. On the same day, D and E issued promissory notes with face value of KRW 500 million to the Plaintiff and prepared a notarial deed on the said promissory notes.
B. On November 30, 201, the Plaintiff filed an application for a collection order against D’s deposit claims against Gyeongnam Bank based on D’s aforementioned loan claims as Seoul District Court Branch 2011TTTT 8805, and the above court accepted it on December 1, 201, and decided to issue a collection order, and the above decision was served on Gyeongnam Bank on December 5, 201.
C. On the other hand, as of August 25, 201, the Defendant prepared a notarial deed (No. 318, 201, No. 318, 201, hereinafter “instant notarial deed”) with regard to a promissory note as of August 25, 201, which became a joint issuer D and E, face value KRW 2.5 billion, issue date, August 25, 201, and due date, September 21, 201. The Defendant applied for a seizure and collection order with regard to a claim against D’s deposit claim against Gyeongnam Bank as of December 6, 201, based on the instant notarial deed as of December 6, 2011, and the said court accepted it and rendered a seizure and collection order as of December 7, 2011, and the said ruling was served on Korea Bank around December 9, 2011.
After receiving a service of each of the above decisions, Gyeongnam Bank Co., Ltd. deposited 258,008,020 won of the amount of the claims seized by the Jeonju District Court No. 2013 in 2011.
E. On February 23, 2012, the Military District Court of the Jeonju District: (a) KRW 47,827,935 to the Plaintiff; (b) KRW 191,383,132 to the Defendant among KRW 258,342,241 to be distributed to the Plaintiff in the instant court C dividend procedure case that commenced the said deposit.