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(영문) 광주지방법원 2016.08.09 2015가단22323
배당이의
Text

1. Of the distribution schedule prepared by the Gwangju District Court on May 15, 2015 with respect to the distribution procedure case of the Gwangju District Court B.

Reasons

1. Basic facts

A. The Plaintiff filed a claim attachment and collection order with respect to the amount up to 47,686,943 won among the claim for the construction price payable by the Korea Rural Community Corporation as the Gwangju District Court 2014TTTTT 2014TT 19256 (hereinafter “C”), and the Plaintiff received a claim attachment and collection order from this court on November 4, 2014. The said order was served to the Korea Rural Community Corporation around that time.

B. On June 19, 2014, the Defendant filed an application against C for a payment order with the purport that “The Defendant paid 240,000,000 won to C on December 19, 2011 until December 31, 2012, with the interest rate of 2% per month” as the ground for the claim that “The Defendant paid 240,000,000 won to the Defendant and the expenses for demand procedure calculated at the rate of 24% per annum from January 1, 2013 to the date of full payment” (hereinafter “instant payment order”). The Defendant issued the payment order on June 19, 2014, stating that “C shall pay 240,000,000 won to the Defendant and the expenses for demand procedure” (hereinafter “payment order”).

Based on the instant payment order, the Defendant requested the Gwangju District Court 2015TT 852 to order the seizure and collection order of the amount until it reaches 356,117,000 won among the claim for construction price payable by C from the Korea Rural Community Corporation. The Defendant received the order of seizure and collection of the claim from this court on January 19, 2015. The above order was served on the Korea Rural Community Corporation around that time. The amount of KRW 356,117,00,00, stated in the above claim seizure and collection order, and the amount of KRW 240,000,000 calculated by the ratio of 24% per annum from January 1, 2013 to December 31, 2014, is the sum of the interest amount of KRW 115,200,000,000, application procedure, and other expenses.

C. The Korea Rural Community Corporation had the obligation to pay the construction cost against C, and each obligee’s claim amount is the same as the claims of the Plaintiff, the Defendant, and other creditors of C compete with respect to the above obligation to pay the construction cost.

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