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(영문) 대전지방법원 2019.08.21 2018가단26021
배당이의
Text

1. The defendant C among the distribution schedule prepared by the same court on December 18, 2018 in the F-Distribution Procedure of the Daejeon District Court.

Reasons

1. Basic facts

A. On August 8, 2018, the Plaintiff received a payment order (hereinafter “instant payment order”) stating that “G shall pay to the Plaintiff 216,762,049 won and 15% interest per annum from the day after the original copy of the payment order was served to the day of complete payment,” and the said payment order was finalized on August 25, 2018.

B. On August 20, 2018, the Plaintiff was issued a provisional attachment order with the Daejeon District Court 2018Kadan52633 by specifying the type, scope, and amount of the claim to be attached to the third obligor and the provisional attachment, with the amount of the claim for the above goods price claim against G as indicated below, and the said provisional attachment order was served on the third obligor.

(1) Of the title 4 of the table, Sejong Special Self-Governing City: “The instant Sejong Special Self-Governing City construction cost” and “the instant construction cost at Kimpo-si”; K LOH HH IN M

C. On September 7, 2018, the Plaintiff requested the Daejeon District Court to issue a provisional seizure and collection order for KRW 216,762,049 among the claims based on the provisional seizure order of this case with the amount claimed as KRW 219,253,456 (principal KRW 216,762,049, interest and procedural costs 2,491,407) and transferred to the provisional seizure to the provisional seizure of this case. On September 7, 2018, the Plaintiff transferred the provisional seizure for KRW 216,762,049, among the claims based on the provisional seizure order of this case, and seized the remainder KRW 2,491,407, and received the provisional seizure and collection order for collecting KRW 219,253,456.

Meanwhile, Defendant E Co., Ltd.’s claim amounting to KRW 45,760,00 for progress payment claim for G on September 7, 2018, with the amount claimed as KRW 45,760,000, and KRW 2,288,00,00 among the claim amount for construction cost claim as stipulated in paragraph (3) of the above Paragraph No. 3 of the Daejeon District Court 2018Kadan3090 against G L.

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