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(영문) 수원지방법원평택지원 2017.08.24 2015가단14407

배당이의

Text

1. Of the dividend table prepared by this court on October 23, 2015 with respect to the distribution procedures A of Suwon District Court Eunpyeong Housing Site A.

Reasons

1. Basic facts

A. On November 30, 2012 and December 3, 2012, the Japanese Steel Co., Ltd. (hereinafter referred to as “Seoul Steel Co., Ltd.”) transferred KRW 110,702,50 to the Defendant and the Plaintiff New Steel Co., Ltd. (hereinafter “Plaintiff New Steel”) each (hereinafter “instant assignment of claims”), and notified the Defendant and the Plaintiff New Steel Co., Ltd. (hereinafter “Plaintiff New Steel”) of the assignment of claims with a fixed date in the said International Government Industries, and each of the above notifications was served on the East International Government Industries around December 4, 2012.

B. On December 4, 2012, Dong International Government Industries received notice of the assignment of each of the above assignment of claims and could not be known who is the obligee. On December 24, 2012, the deposited person deposited KRW 110,702,50 with the Plaintiff New Steel or Defendant, and the statutory provisions as the latter part of Article 487 of the Civil Act (hereinafter “instant deposit”).

C. The Plaintiff U.S. Steel Co., Ltd. (hereinafter “Plaintiff U.S. Steel”) filed a lawsuit seeking revocation of fraudulent act against the Defendant and Plaintiff N.S. with the Suwon District Court 2013Kahap3050 by making the claim for the payment of goods against the Defendant and Plaintiff N.S. Steel as the preserved claim. The said court revoked each of the instant assignment contracts entered into between the Defendant and the Defendant on November 22, 2013, within the scope of KRW 50,000,000, and ordered Defendant and Plaintiff N.S. to transfer the claim for payment of KRW 50,000,000 out of the instant deposit and notify the Republic of Korea of the said transfer. The said judgment became final and conclusive on December 12, 2013.

Meanwhile, the Defendant also filed a lawsuit against the Plaintiff New Steel as Suwon District Court 2013Gahap26800, and the said court revoked the instant assignment of claims concluded between the Plaintiff New Steel on August 28, 2014, and the Plaintiff New Steel.

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