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(영문) 광주지방법원 2017.07.07 2016가합53901

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 2015, a new comprehensive construction company (hereinafter “new construction company”) concluded that “the construction works for the expansion of multi-purpose classes at the Nannam-do (hereinafter “instant construction works”) were to be paid KRW 1,185,91,160 for the construction period from June 12, 2015 to November 16, 2015 (hereinafter “instant construction works”).

B. On August 18, 2015, the Plaintiff entered into an agreement on direct payment of subcontract consideration with the content that he/she directly receives from Jeonnam-do, the main contractor of the subcontract consideration, while paying the construction cost of the steel frame and the roof board of the said construction cost of KRW 205,70,000. On September 3, 2015, the Plaintiff obtained approval of Jeonnam-do for the said agreement on direct payment of subcontract consideration.

C. The judgment of provisional attachment, seizure, etc. (hereinafter “instant provisional attachment, etc.”) regarding the claim for construction price against the creditors of the first class of new class of new class of new class of bonds (hereinafter “the claim for construction price of this case”) was delivered to the creditors of the first class of new class of bonds as shown below [Attachment 1].

[Attachment 1] ADBD

D. The instant construction was completed on or around December 18, 2015, and the Plaintiff claimed a direct payment of the subcontract price in accordance with the payment agreement for the subcontract price, but on March 4, 2016, Jeonnam-do deposited KRW 423,381,910 of the remainder of the instant construction project with the Gwangju District Court Order No. 261, No. 2016, a sum deposit of KRW 423,381,910 as to the effect between the instant provisional attachment, etc. on the instant claim for the construction price and the instant claim for the direct payment.

E. On May 17, 2016, the distribution schedule was drawn up to distribute each of the following money to the Defendants on the distribution date of the distribution procedure of the Gwangju District Court E.

[Attachment 2] A B CD

F. The plaintiff is present on the date of the above distribution, and 6,000,000 won out of the dividend amount against the defendant A and the remaining defendants' dividends.