beta
(영문) 대전지방법원 2015.05.07 2013가합9028

배당이의

Text

1. Of the distribution schedule prepared by the said court on October 31, 2013 with respect to the distribution procedure case of Daejeon District Court C, the Defendant.

Reasons

1. Basic facts

A. On November 2, 2012, D Co., Ltd. (the trade name of E Co., Ltd. was changed to D on June 7, 2013, and the registration of change was made on the corporate register on June 10, 2013; hereinafter “D” regardless of whether before or after the mutual change was made) issued and delivered to the Defendant a promissory note with a face value of KRW 1.5 billion and payment due date, one promissory note with a sight payment (hereinafter “instant promissory note”) to the Defendant on the same day. If the payment of the said promissory note is delayed on the same day, a notary public of the Daejeon District Public Prosecutor’s Office (F Office of the Daejeon District Public Prosecutor’s Office No. 12434, Nov. 2, 2012; hereinafter “notarial deed”).

B. On December 31, 2012, the Defendant issued a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”) to the Daejeon District Court (Seoul District Court 2012TTTT) on the basis of the instant notarial deed, and on January 3, 2013, the Defendant issued a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”) against the claim for construction cost claim 200 million won due to the construction of the Daejeon-gu HH Senior Senior Complex (hereinafter “instant HH Senior Complex Construction”) held by D against the Seongbuk-gu Daejeon District Court, Daejeon District Court 200 million won, and the said order became final and conclusive on January 7, 2013, 2013 on the ground that it was served on the PH Senior Complex Construction Corporation and the social welfare foundation I (hereinafter “I”). < Amended by Act No. 11614, Dec. 12, 2013>

C. On September 27, 2012, the Plaintiff filed a payment order against D with the Daejeon District Court Decision 2012 tea10834, seeking payment for the steel bars constructed by the Plaintiff subcontracted from D, the construction cost incurred due to concrete construction works, and the delayed payment damages therefor, and filed a decision with the said court on October 8, 2012, and received the said payment order (hereinafter “instant payment order”).