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(영문) 서울중앙지방법원 2016.05.11 2015가합24169

공탁금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On May 11, 2015, Korea Medium & Medium Development Co., Ltd. (hereinafter referred to as "Korea Medium & Medium Development Co., Ltd.") deposited KRW 370,538,485 (hereinafter referred to as "the construction price claim of this case") not paid until May 11, 2015, on the following grounds that provisional attachment, seizure, and collection order concurrently competes with the payment order of Hongsung Branch of the Daejeon District Court (hereinafter referred to as "the deposit of this case") with respect to the construction price of the "C Corporation" against A Co., Ltd. (hereinafter referred to as "A") on May 11, 2015.

① The Seoul Central District Court 2015TTTex 2015TTTex 5037: The creditor CTex 152,404,382 won, and the third debtor development among the third debtor on March 2, 2015 (hereinafter “provisional seizure of this case”): (i) The creditor, the claim amount 2015Tex 201,404,382 won, and the provisional seizure of claims (hereinafter “provisional seizure of this case”): (ii) the delivery of the claim amount to the creditor, the claims amount 217,434,103 won, and the third debtor’s development of the Republic of Korea on March 6, 2015 to the provisional seizure and collection order: the creditor CTex 200,700,000 won, and the defendant filed an application for the commencement of the rehabilitation proceedings against ATTT CF 205,305, and the rehabilitation and rehabilitation proceedings against AE 2015.

On September 15, 2015, the rehabilitation court is prior to the rehabilitation court based on Article 58(5) of the Debtor Rehabilitation Act.

In this case, "the decision to cancel the seizure and collection order of the Crote received by the plaintiff, the provisional seizure of the claim received by the plaintiff, and the provisional seizure of Aro Cement transferred to the original seizure, and the collection order."