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(영문) 창원지방법원 마산지원 2018.10.31 2018가단101232
배당이의
Text

1. Of the distribution schedule prepared on February 22, 2018 by the said court with respect to the H dividend procedure cases in the Changwon District Court Msan Branch.

Reasons

1. Facts of recognition;

A. 1 Relevant Parties 1) Construction Co., Ltd. (hereinafter “Building Comprehensive”)

(2) On November 2013, the Plaintiff asserted that: (a) the Plaintiff had a claim for construction cost as indicated in the [Attachment 1] Claim for Construction Price; and (b) the Plaintiff entered into a contract for construction works related to the creation of I Housing Site and its appurtenant works at the time of the construction with the Driyang integrated construction around November 2013; and (c) the claim for return of the construction cost that was paid in advance due to the termination of the contract following the discontinuance of the said construction; (d) the claim for compensation for delay arising from the delay of the said construction; and (e) the claim for compensation for the loss arising from the collapse of the retaining wall

A person who has filed a lawsuit for provisional seizure of claims or principal claim, such as described in paragraph (1).

3) The Defendants, as other obligees with respect to the building and comprehensive construction, are either the claims described in paragraph 1 of the above or the following.

A person who has received a provisional attachment decision or a seizure and collection order for the claim to deposit money.

B. The Plaintiff’s claim amounting to KRW 1,709,838,320 of the construction cost claim amount stated in the [Attachment 1] of Driyang comprehensive Construction for the purpose of preserving the execution of the claim for the construction of the dry Aggregate Construction (i.e., the claim amounting to KRW 241,918,320,000, which is part of KRW 500,92,650,000, KRW 862,650,000, and KRW 967,920,000, and KRW 2015,51, Feb. 24, 2015; the provisional seizure order was served on the Republic of Korea as the debtor on April 4, 2015; the provisional seizure order was revoked on the above claim amounting to KRW 241,918,320,000, and the provisional seizure order was served on the debtor on April 3, 2015.

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