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(영문) 광주지방법원 2017.07.28 2016가단30406
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff had a claim for the construction cost equivalent to KRW 139,380,890 against the debtor, non-party 1,000,000,000.

(A) On April 6, 2016, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) by specifying the claims to be seized and collected in relation to the non-party Hyundai Engineering Co., Ltd. (hereinafter “the third party debtor”) as follows (hereinafter “the instant order of seizure and collection”) with respect to the claims for the construction cost against the non-party Hyundai Engineering Co., Ltd. (hereinafter “the third party debtor”), and the seizure and collection order of this case was served to the Hyundai Engineering Co., Ltd. (hereinafter “the instant order of seizure and collection”). The seizure and collection order of this case was served to the first debtor on April 8, 2016, under the Special Metropolitan City District Court 2016TTT No. 2016TTA (hereinafter “the instant order of collection”).

(A) No. 3-1) The sum of each contract price claim against Hyundai Engineering, at the time of the seizure and collection order of this case, which the debtor is the third debtor at the time of the seizure and collection order of this case is equivalent to KRW 389,607,460.

(1) The Plaintiff’s order of collection and seizure, including the instant claim and the collection order, were served on the following: (i) 164,06,855 won for construction work site of reinforced concrete D Housing Association Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation Corporation 19,783,60 won 389,607,460 won, from February 23, 2016 to May 16, 2016:

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