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(영문) 대전지방법원 2016.07.20 2015가합2601

배당이의

Text

1. Defendants A, B, and B among the distribution schedule prepared by the same court on July 28, 2015 with respect to the distribution procedure case of Daejeon District Court.

Reasons

1. Basic facts

A. On December 21, 2012, the Korea Land and Housing Corporation (hereinafter “Scenic Project”) contracted between T and Nonparty Corporation (hereinafter “Scenic Project”) with the price of KRW 2,579,767,000 as the price to T Co., Ltd. (hereinafter “T”) on December 21, 2012, which was executed by the Non-Party Corporation (hereinafter “Scenic Project”).

(hereinafter “instant contract”). Since then, the said amount was changed to KRW 2,106,838,484.

B. 1) Telecommunications on April 30, 2012, 2012, such as an assignment order of claims and assignment order for inland construction (the trade name before the alteration is hereinafter referred to as “catch construction of a stock company”;

hereinafter referred to as “in-house construction”

A) A notary public, including the content that “T borrowed KRW 500 million from the domestic construction on April 25, 2012 as of May 3, 2012, and in the event T fails to perform his/her obligation, to recognize that there is no objection even if he/she was immediately subject to compulsory execution,” is a notarial deed of money consumption loan contract No. 1005 of Daejeon General Law Firm (hereinafter “notarial deed of this case”).

2) On December 17, 2012, 2012, the Plaintiff filed an order of seizure and assignment regarding KRW 300,000,000, out of the construction price claims under the instant contract held against the Nonparty Corporation by Daejeon District Court 2012T No. 17148 with the title of execution of the instant notarial deed and received a decision of seizure and assignment order from the said court (hereinafter “instant assignment order”).

On December 21, 2012, the above decision was served on the Non-Party Corporation, a garnishee, and was finalized on February 23, 2013.

3) On the other hand, on December 18, 2013, during the instant assignment order, construction transferred to the Defendant Republic of Korea the aggregate amount of the corporate tax and value-added tax up to the time when the internal construction bears with respect to the Defendant Republic of Korea. C. Defendant Republic of Korea (competent in its jurisdiction) who seized Defendant Republic of Korea’s claims.