배당이의
The plaintiff's claim of this case is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The following facts may be found by the parties to a dispute, or by the reference to the fact to the D Co., Ltd., each of the statements in Gap evidence Nos. 1, 2, 5 through 7 (including paper numbers) and the reference to the fact:
D Co., Ltd. (hereinafter referred to as “third obligor Co., Ltd.”) subcontracted the construction of machinery and equipment and fire-fighting equipment to G Co., Ltd. (hereinafter referred to as “debtor Co., Ltd”) in executing construction of Young-gu E and Young-gu F new construction (hereinafter referred to as “instant construction”) at Suwon-si, Suwon-si.
The debtor company entered into a contract to receive goods, such as pipes, necessary for the instant construction from the defendant (hereinafter “instant contract”).
B. The Plaintiff acquired from the debtor company the claim for the completion of construction works of this case against the third debtor company.
(hereinafter “instant assignment contract”). On December 11, 2018, a debtor company sent a notice of assignment of claims to a third-party debtor company with content certification, and reached the same date.
C. On December 14, 2018, the third debtor company notified the debtor company of the termination of the subcontract for the instant construction project.
On February 20, 2019, the third debtor company deposited KRW 487,389,303 as the deposit number No. 4367, which was paid to the debtor company.
E. As of October 31, 2019, in the distribution procedure of the above deposit C District Court, the distribution schedule was formulated with the content that distributes KRW 151,431,630 to the Defendant, which was recognized as the first creditor by a direct refusal agreement (hereinafter “instant distribution schedule”).
F. On October 31, 2019, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution.
2. Determination
A. The defendant who has a claim against the third party debtor company is null and void since the assignment of claim of this case goes against a special agreement prohibiting transfer.