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(영문) 대구지방법원영덕지원 2016.09.29 2015가합177

배당이의

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Based on the facts, Plaintiff A applied for a payment order for design service costs against L Co., Ltd. (L) (hereinafter “L”). On June 13, 2014, the payment order (Seoul District Court Decision 2014Guj115, Jun. 17, 2014), stating that “The payment order for KRW 49,400,000 and delay damages therefor shall be paid.” The payment order was finalized on July 17, 2014.

Plaintiff

On August 8, 2014, A received the claim amounting to KRW 50,573,797, and the claim amounting to KRW 50,573,797, and the claim amounting to KRW 50,573,797, and the above attachment and collection order (Seoul District Court Young District Court Young-gu District Court Young-si 2014, 807) were served to Ulsan-gun.

Plaintiff

B and C filed a lawsuit against L for the payment of the agreed amount and received a favorable judgment (Seoul Central District Court 2014Gahap52204) on April 30, 2015 (Seoul Central District Court 2014Gahap5204) stating that “Plaintiff B shall pay KRW 100 million, KRW 50 million, and delay damages to the Plaintiff C,” and the above judgment became final and conclusive around that time.

Plaintiff

B Based on the executory exemplification of the above final judgment on July 16, 2015, B, C received a collection order (Seoul District Court Young District Court Decision 2015TTTTTT 2015TT 709) from the sum of the claim amount of KRW 104,013,698 (Plaintiff B 46 million, Plaintiff C58,698), and the above seizure and collection order was served to Ulsan-gun at that time.

Defendant D, E, F, G, H, and I applied for a payment order against L with respect to the Defendants’ claim, which reads that “Defendant D shall pay KRW 19.8 million to Defendant E, KRW 35 million to Defendant E, KRW 14.8 million to Defendant F, KRW 13.2 million to Defendant G, KRW 30.5 million to Defendant H, and KRW 30.5 million to Defendant I, and delay damages therefrom.”