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(영문) 창원지방법원 2015.01.21 2013가단22426

배당이의

Text

1. Defendant Co., Ltd. among the distribution schedule prepared by this court on August 26, 2013 with respect to the instant case of distribution procedure C in this Court.

Reasons

1. Facts of recognition;

A. On March 2008, Ho Ho Ho Construction Co., Ltd. (hereinafter “Yhohoho Construction”) subcontracted the construction from Switzerland Construction Co., Ltd. (hereinafter “Switzerland Construction”) to the Busan Gangseo-dong Green Industrial Complex 1774 Musan National Industrial Complex 97 Bluan-dong, Gangseo-gu, Busan (hereinafter “Seoho Construction”) on the part of the construction of green waste reclamation sites for green green industrial complexes (hereinafter “the instant construction”).

B. Since the Switzerland Construction was the defaulted taxpayer, Busan Metropolitan City, and the Busan Metropolitan City, Inc. (hereinafter referred to as the "Seongsan Metropolitan City,") a lien on September 17, 2009 (the plaintiff and the defendant special company company for the defendant's heading (hereinafter referred to as the "special company for defendant's heading") on October 13, 2009, after receiving the successful bid for the above land and waste reclamation in the auction procedure on September 17, 2009.

In addition, the Plaintiff agreed to pay the amount equivalent to 88% of their claims (hereinafter “instant agreement”) to the arbitrative of the lien (hereinafter “Lien”). The Plaintiff received the payment.

C. From August 26, 2013, the distribution schedule was formulated against the Plaintiff and the Defendants as follows, which was commenced following deposit of the Changwon District Court 2013Hun-1904 to KRW 357,718,241 (hereinafter “instant distribution procedure”) in the instant court C distribution procedure (hereinafter “instant distribution procedure”).

3 Plaintiff’s 14,958,834 won,73,804 won, 133,983,446 won, 33,42,978 won, 80,00 won, 80,000 won, 19,968,424 won, 3 Defendant’s 133,983,98,424 won, 3

D. On August 26, 2013, the Plaintiff raised an objection against KRW 2,806,00 out of the amount of dividends against the Defendant’s special interest on the Defendant’s funeral, and KRW 2,806,00 of the amount of dividends against Defendant B, respectively, on the date of distribution, and filed the instant lawsuit on August 29, 2013, within seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 8, the purport of the whole pleadings

2. Determination as to a claim on a special case against the Defendant’s funeral

A. The Plaintiff asserted by the parties, the Defendant’s special guard.