beta
(영문) 울산지방법원 2021.01.28 2019가합17276

배당이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. A. Around April 5, 2010, D Co., Ltd. (hereinafter “D”) received from D Co., Ltd. E (former trade name: F Co., Ltd. F; hereinafter “E”), at the time of leisure from HTRI extension works located G, as construction cost of KRW 3,186,480,00 (including value added tax; hereinafter the same shall apply). Around April 5, 2010, D Co., Ltd. (hereinafter “D”), the Defendant supplied D with the manufacture, supply, and sewage installation works related to the said construction works.

B. D’s final default on December 13, 2010 following the suspension of the foregoing construction work on or around December 10, 2010 due to business difficulties. On December 14, 2010, the Defendant sent an appeal in attached Form E (hereinafter “instant appeal”) to E as proof of the content.

(c)

E As a result of the agreement on the settlement of construction price with D around December 31, 2012, the remainder amount of construction work for D was KRW 254,520,104 (hereinafter “the remainder amount of construction work in this case”).

(d)

E on March 9, 2011, on the ground that on several occasions, the fact of the cause of the instant construction project’s deposit D or I, J, K, and deposit, a request for postponement of payment, direct payment, and provisional attachment order for the instant construction project’s remainder payment claim under the Act on Fair Transactions in Subcontracting (hereinafter “The Subcontract Act”) cannot be known as the actual right holder of the instant construction project’s remainder payment claim without negligence, the Ulsan District Court deposited KRW 254,520,104 of the instant construction project’s remainder payment (hereinafter “the instant deposit”).

E. Based on the executory exemplification of the judgment rendered by the Ulsan District Court 201 Gohap 1565, the Plaintiff received a seizure and collection order as to the instant claim for payment of deposit deposit payment under 987 from February 4, 2013 to the same court 2013. The said seizure and collection order was served to the Republic of Korea on February 7, 2013.

(f) The Ulsan District Court shall determine the amount of KRW 259,767,701, which shall be actually distributed as follows, from October 28, 2019 of the C Distribution Procedure, deduct the cost of enforcement from the deposit and its interest on the dividend date: