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(영문) 수원지방법원 2015.09.10 2014가합12006
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 March 2, 2011, the Plaintiff entered into a contract with the Daeho Industrial Development Co., Ltd. (hereinafter “Moho Industrial Development”), and the Plaintiff entered into a contract with C Civil Works Corporation (hereinafter “instant construction”) to receive construction cost of KRW 2290 million (excluding value-added tax).

B. On April 12, 2011, the Plaintiff and Daeho Industrial Development entered into an amendment agreement with the Plaintiff to add KRW 480 million to the construction cost (excluding value-added tax) as a result of the said agreement, while deciding to additionally construct the parts omitted in the said agreement (hereinafter “instant contract agreement, in addition to the initial contract”).

C. On May 11, 2011, the Plaintiff entered into a mortgage agreement to establish a joint collateral in the name of the Plaintiff with regard to each real estate listed in the separate sheet No. 1 attached hereto, owned by the Plaintiff, with the claim for construction cost under the instant contract as the secured claim. As to each of the said real estate, the Suwon District Court completed the joint registration of establishment of a joint collateral of the maximum debt amount of KRW 3 billion as the receipt of No. 72547, May 11, 2011.

On March 30, 2011, the Plaintiff entered into a subcontract contract for construction works of the instant construction works with the aim to construct the vegetation block (hereinafter “instant subcontract”).

E. On February 27, 2012, the Plaintiff transferred to D, E, D, and E a claim equivalent to KRW 240,98,800 out of the claim for the construction price under the instant contract regarding the development of the Plaintiff’s substitute industry (hereinafter “transfer of claim”) and completed the registration of partial transfer of collateral security regarding KRW 290,000,000 out of the Plaintiff’s joint collateral security (hereinafter “transfer of claim”), thereby substituting the payment of the said subcontract price.

In accordance with the above agreement, the Plaintiff’s registration of partial transfer of the right to collateral security (hereinafter “the right to collateral security”) to D and E as the Suwon District Court’s Seosung Registry No. 26382, Feb. 28, 2012, regarding the maximum debt amount of KRW 290 million among the joint collateral security (hereinafter “the right to collateral security”).

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