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(영문) 수원지방법원안산지원 2014.07.17 2014가합618

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 9, 2011, F Co., Ltd. (hereinafter “F”) entered into a construction contract with HVHUL Co., Ltd., Ltd. (hereinafter “Ham Forest”) with Han Forest Co., Ltd. to receive a contract for the construction cost of KRW 297 million (hereinafter “instant construction”) with HVHUL (hereinafter “OVHUL”), and the instant construction work was executed.

B. On October 12, 2012, F entered into an agreement on the assignment of claims between F and the Defendant, etc. between H and H on behalf of the Defendant and DCP Co., Ltd. (hereinafter “DC”) and G (hereinafter “Defendant, etc.”), under which the Defendant, etc. entered into an agreement on the assignment of claims between F and F that KRW 100,000,000,000,000 to the Defendant, and KRW 39,000,000,000,000 to G, respectively, and notified the transfer of claims by content-certified mail with a fixed date on October 15, 2012. The above notification reached the lower on October 16, 2012.

C. The plaintiffs' claims for the construction price of this case against the plaintiff were seized and collected, and the claims for collection against the plaintiff were seized and collected, and the collection order was issued to the defendant Gap Won Won District Court A, 2013TTTT 1468, 9,395,200 won, Ansan District Court A, 2013TT 1471, 9,395,200 won, Ansan District Court A, 2013TT 2013TT 1469, 8,151,90 won, Ansan District Court A, 2013TT 1467, 7,669,40 won, as the creditors in arrears against F as the creditors in arrears, based on each authentic deed with F with executory power against F. < Amended by Presidential Decree No. 24673, Jan. 30, 2013; Presidential Decree No. 24520, Mar. 24, 2014>

The deposit of the contract price of this case was made by F with respect to F’s claim for the construction price of this case, the notice of assignment of claims to the Defendant, etc. reaches the order of seizure and collection, etc. of the Plaintiffs.