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(영문) 의정부지방법원고양지원 2016.02.19 2014가단37043

배당이의

Text

1. Of the distribution schedule prepared on October 23, 2014 by the above court with respect to the distribution procedure case of the Kuyang District Court's Goyang Branch.

Reasons

1. Basic facts

A. On October 17, 2012, the Korea and Epug Construction Co., Ltd. (hereinafter “Epug Construction”) entered into a contract for construction works with respect to new facilities construction works (hereinafter “instant prime contract”) located in Pyeongtaek-Nam-Nam-15 training place located in Pyeongtaek-si, Pyeongtaek-si, Seoul (hereinafter “instant construction works”) between the Republic of Korea and Korea.

On the other hand, on August 9, 2013, the Plaintiff entered into a subcontract to accept KRW 355,00,000 among the instant construction works (hereinafter “cluoring construction”) with a total of KRW 355,00,00 among the instant construction works, and received direct agreements from the Republic of Korea and Elus Construction to the Plaintiff that the Republic of Korea shall directly pay the subcontract price to the Plaintiff as prescribed in Article 35 of the Framework Act on the Construction Industry.

B. Upon receipt of the completion of the construction project and the progress payment, the Plaintiff completed the construction project under the said subcontract, received KRW 197,81,000 from the Republic of Korea to the sixth-year payment, and received KRW 157,189,000 for the remainder of the construction payment with the claim claim amounting to KRW 157,189,000 for the remainder of the construction payment, and received a provisional attachment order on the claim for the construction payment for the instant construction project against the Republic of Korea by the Goyang-gu District Court Decision 2014Kadan50188, and the decision reached the Republic of Korea on April 9,

C. On May 22, 2014, the Republic of Korea entered into the instant original contract between the deposit and distribution of dividends with the Goyang District Court 2014No. 1903, and with the Eplus, and the Plaintiff, Defendant C&C Co., Ltd. (hereinafter referred to as “Masan A&C”)

The payment agreement was prepared to eight sewage suppliers, including B, and the progress payment was made, and the provisional attachment of the claim or the collection order was served against the construction cost based on the original contract.