배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From June 2013, the Plaintiff supplied food materials to B (hereinafter “debtor Company”) that provides school meal services.
On October 2013, the debtor company did not pay the price for the goods to the plaintiff and the plaintiff did not pay the price for the goods, and on November 20, 2013, the debtor company provisionally attached the debtor company's claims against Daegu Metropolitan City, the Gyeongbuk-do, the Republic of Korea, and C.
The Plaintiff filed a lawsuit against the debtor company seeking the payment of KRW 91,267,660 for the goods price, and the case was proceeded with as Seoggu District Court Branch 2014Kadan1151. On October 6, 2014, the debtor company paid KRW 60 million to the Plaintiff up to December 31, 2014, and if so, there was a decision to recommend settlement that the debtor company pay the amount calculated at the rate of 20% per annum from January 1, 2015 to the date of full payment. The decision to recommend settlement became final and conclusive on October 28, 2014.
On February 26, 2015, the Plaintiff was rendered a ruling that, among the provisional seizure of claims by the Seoggu District Court Branch Branch Branch of 2015TTTTT 2015TTT 1509, the obligor Company transferred the provisional seizure of claims against Daegu Metropolitan City and the Republic of Korea, the provisional seizure of claims held by the obligor Company against Daegu Metropolitan City and the Republic of Korea may be conducted and the said claims may be collected.
On the other hand, on April 29, 2014, the Defendant and the debtor company entered into a monetary loan loan agreement No. 242 of 2014 (hereinafter “instant notarial deed”) with a set of KRW 80,000,000 for loans, maturity on June 20, 2014, and KRW 20% per annum of delay damages.
Based on the instant notarial deed, on December 29, 2014, the Defendant was determined to collect the attachment and collection order as to the claim held by the debtor company against Daegu Metropolitan City, the Republic of Korea, the Austria, the school foundation, and the Kiwon Institute of Education, as the Daegu District Court 2014TTTTT1936.
On April 28, 2015, Daegu District Court KRW 2015Hun727, deposit money of KRW 34,720,916 following the competition between the Plaintiff and the Defendant’s seizure.