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(영문) 창원지방법원밀양지원 2015.07.10 2014가합665 (1)

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 5, 2013, the Plaintiff filed a payment order claiming the payment of KRW 270,856,982 from June 5, 2013 to July 22, 2013 against the non-party C Co., Ltd. (hereinafter “C”), and the payment order was finalized on November 8, 2013. The above payment order was finalized on November 8, 2013. The Plaintiff as the title of the said final payment order was issued as the title of the claim against the non-party C Co., Ltd., Ltd. (hereinafter “SAC”), with the Changwon District Court (2013TC) as the title of the said final payment order, and received the attachment and collection order as to the claim against the non-party C Co., Ltd., Ltd. (hereinafter “SAC”).

B. In addition, the Plaintiff filed a payment order against C for the payment of KRW 123,200,000 for the goods as of November 6, 2013 and the delay damages thereof (Seoul District Court Decision 2013 tea 2305) with C, and the said payment order was finalized on January 29, 2014. The Plaintiff was issued a collection order for C’s claim for the goods price claim against C as of February 7, 2014 with the title of execution for the said finalized payment order. The Plaintiff was issued a collection order for the claim for the goods price claim against C, as of February 7, 2014 with the title of execution for the said finalized payment order.

C. On the other hand, on December 12, 2013, the Defendant entered into a contract for the transfer and takeover of the claim for the construction cost of C C C in lieu of paying KRW 160,000,000 among the Defendant’s real estate purchase price claim against C (hereinafter “instant contract for the transfer of the claim”), and on the same day, C notified C of the transfer of the claim to E.C.

E.C. on June 2, 2014, on the ground that E.C. deposited the said amount in the Changwon District Court was deposited in gold No. 199 in 2014, 2014, on the grounds that the genuine creditor cannot be known with respect to the obligation to pay the construction price of KRW 160,158,719 against C.

E. In the distribution procedure of the said deposit, the Changwon District Court (Seoul District Court), the said court is the person holding the attachment authority, with the first order of KRW 160,00,000,000, out of KRW 160,278,651, the amount to be actually distributed, excluding the execution cost, to the Defendant who is the assignee of the claim, and the amount to be distributed.