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(영문) 대전지방법원서산지원 2015.01.29 2014가합481
배당이의
Text

1. Of the distribution schedule prepared on February 26, 2014 by the said court with respect to the distribution procedure D cases of the Daejeon District Court Seosan Branch D.

Reasons

1. Basic facts

A. On December 5, 2012, the Plaintiff’s attachment and collection order 1) the notary public E office belonging to the Daejeon District Public Prosecutor’s Office was changed from 14133 to hereinafter “stock company G” as the document No. 14133, Apr. 17, 2013.

hereinafter referred to as "G"

(2) On April 12, 2013, G, a notary public E office of the Daejeon District Public Prosecutor’s Office, issued a promissory note causing KRW 100 million and issued to the Plaintiff on July 3, 2013, as the document No. 5276, a notary public E office of the Daejeon District Public Prosecutor’s Office No. 2013, which was the document of the said promissory note, was written to the effect that the Plaintiff would bear the obligation of KRW 300 million and repay this by February 28, 2013.

3) Based on the authentic copy of the notarial deed as indicated in the above paragraph (1) of this Article, the Plaintiff shall be based on the authentic copy of the notarial deed as indicated in the above paragraph (1) of the Daejeon District Court Branch 2013TTT 1636, and based on the authentic copy of the notarial deed as indicated in the above paragraph (2) of the same court, G shall have against the gold Industry Co., Ltd., the portion excluding the amount equivalent to wages under Article 88 of the Framework Act on the Construction Industry among the amount to be paid by G to the subcontract for the construction of new 1, 2 soil and structures (water pumps and other auxiliary structures); hereinafter “instant construction contract claim”).

[2] On July 22, 2013, a notary public issued an order for the seizure and collection of KRW 300 million and KRW 100 million with respect to the claim, and received the order for the seizure and collection of the claim on May 9, 2013 and July 5, 2013. The authentic copy of each of the above orders for the seizure and collection of the claim was served on the gold Industry Co., Ltd., a third debtor at that time. (b) On July 22, 2013, a notary public issued an order for the seizure and collection of the claim on April 30, 2013 with the document No. 1792 issued by Daejeon General Law Firm, Daejeon General, 2013, that Defendant B lent the repayment period of KRW 300 million on April 17, 2013 to G at 30% per annum interest.

2) Defendant B is a notarial deed set forth in the Daejeon District Court Branch 2013TTT 2665 (No. 1).

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