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(영문) 서울동부지방법원 2021.02.09 2020가단103109

배당이의

Text

1. On January 21, 2020, the distribution procedure case prepared by the Seoul Eastern District Court C is among the distribution schedule prepared by the same court.

Reasons

1. Basic facts

A. The Plaintiff filed an application for a payment order with D Co., Ltd. (hereinafter “D”) as Daegu District Court No. 2019 tea 3359, and “D shall receive a decision that “D shall pay to the Plaintiff 127,300,000 won and the amount calculated at the rate of 6% per annum from August 31, 2018 to October 4, 2019, and 12% per annum from the next day to the date of full payment.” The said payment order was finalized on October 19, 2019.

On the other hand, the Plaintiff filed an application for provisional attachment of the claim against D with the Daegu District Court 2019KaMo2578 as the obligor of D, and the Republic of Korea as the obligor of D with the third obligation, and D with the claim of 50,000,000 won for the construction cost against the Republic of Korea. The written decision of provisional attachment was served on August 5, 2019 to the Republic of Korea.

B. The Defendant and D’s notary public drafted a certificate of fairness as to KRW 458,232,876 of the construction cost as No. 419 of the E-Law Process Deed No. 2019.

Afterward, the Defendant received an execution clause from the above process deed and filed an application for the attachment and assignment order of KRW 458,232,876 with the Seoul Eastern District Court 2019, which D had against the Republic of Korea. The attachment and assignment order of the above claim was served on August 5, 2019 in the Republic of Korea.

(c)

According to the foregoing concurrent seizure, Korea deposited as Seoul Eastern District Court 2019 Geum20, the following distribution schedule was prepared upon the Plaintiff and the Defendant’s application for dividend payment (Seoul Eastern District Court C). The amount to be actually distributed is KRW 352,958,321, the Defendant’s credit amount of KRW 190,393,774 won, KRW 458,232,876 won, KRW 50,000,00 for dividends of KRW 122, the order of attachment of labor costs (the sewage level directly constructed), the Seoul Eastern District Court 2019, Daegu District Court 201, Daegu District Court 200, KRW 100,9229, KRW 397, KRW 1945, KRW 1945, KRW 1645, KRW 1965, KRW 197, KRW 1975, KRW 19457, KRW 19757, KRW 146575465, KRW 197575,97