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(영문) 수원지방법원성남지원 2017.07.11 2016가합203243

배당이의

Text

1. Of the distribution schedule prepared by the same court on May 27, 2016 with respect to distribution procedure E cases in Suwon District Court Sung-nam Branch.

Reasons

1. Basic facts

A. Plaintiff B’s claim 1) Plaintiff F Co., Ltd. (hereinafter “F”)

H located in Sung-nam-si G (hereinafter referred to as “instant building”)

The Plaintiff B is the executor of the instant building project. On May 7, 2010, the construction cost of the instant building was determined on May 6, 201 as the interest rate of 50 million won per annum, and on May 6, 2011, the due date was determined on April 7, 201 as the interest rate of 50 million won per annum, and on December 31, 2011, the due date was determined and lent 80 million won to the Plaintiff B by April 25, 2014.

Plaintiff

B was issued a payment order against F with respect to KRW 351,260,761 which was not paid after the repayment of the above amount was performed by F, with the purport that “F shall pay to Plaintiff B 351,260,761 won and the amount at the rate of 30% per annum from April 26, 2014 to the date of full payment.”

The above payment order was finalized on October 3, 2015.

3) On October 28, 2015, Plaintiff B based on the above payment order, as F Company Korea Trust Co., Ltd. (hereinafter “Korea Trust”) (hereinafter “Korea Trust”) by the same court No. 2015T 11896, Oct. 28, 2015

(1) the trust profit of this case (hereinafter referred to as “trust profit of this case”)

B) The Plaintiff Company A (hereinafter “A”) entered into a sales agency service contract for the instant building between F and F on January 28, 201, and paid KRW 500 million to F account as the deposit money.

2 After the termination of the above sales agency service contract, Plaintiff A filed a lawsuit against F on October 30, 2014 against the said Suwon District Court for the refund of KRW 500 million (2014Gahap8246). On July 24, 2015, the same court held that “F” is 50 million won per annum from November 7, 2014 to July 24, 2015, and 20% per annum from the following day to the date of full payment.