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(영문) 광주지방법원 2019.04.25 2018가단536595
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2017, the Plaintiff concluded a contract with C (hereinafter “C”) for construction cost of KRW 1,388,682,000 for substantial repair work in E facilities located in Gwangju Nam-gu, Nam-gu.

B. On August 6, 2018, the Plaintiff: (a) received a decision on provisional seizure of claims against C, such as deposits, etc. held by the Gwangju District Court 2018Kadan2231 (hereinafter “F”) with respect to the claim amounting to KRW 148,812,230 (the partial payment of the construction price claim of KRW 1,076,797,607); and (b) served the F on August 9, 2018.

C. Meanwhile, on August 13, 2018, a notarial deed was prepared between C’s auditor Defendant and C, stating that “1,690,000,000 won shall be lent from November 29, 2017 to February 19, 2018, and shall be repaid in installments ten times each month from September 13, 2018 to June 13, 2019.”

No. 789, No. 2018, No. 789, hereinafter referred to as the "notarial deed of this case").

A person shall be appointed.

D. On September 17, 2018 on the basis of the instant notarial deed, the Defendant received a seizure and collection order as to the claims, such as deposits, etc. that C has against F by the Gwangju District Court 2018 Other Bond 60212, with the amount claimed as KRW 1,691,852,05, and the said order was served to F on October 2, 2018.

E. Around October 2018, F deposited KRW 148,676,230 with Gwangju District Court 2018 Geumju District Court 6068. The said court drafted a distribution schedule with the content that the Plaintiff distributes KRW 148,704,636, which deducts KRW 13,818 of the enforcement cost out of KRW 148,718,454 of the amount to be distributed on November 14, 2018, from the distribution procedure for the said deposit (Seoul District Court H) and KRW 148,718 of the amount to be distributed on November 14, 2018.

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendant’s dividend amount, and filed the instant lawsuit on November 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence No. 12, and the purport of the whole pleadings

2. The plaintiff's assertion.

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