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(영문) 대전지방법원 2016.07.20 2015가합107025
배당이의
Text

1. Of the instant lawsuit, the portion exceeding KRW 30,00,000 out of the amount of dividends of the Defendant 66,973,751, among the amount of the instant lawsuit, to the Plaintiff.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) under the contract between Thai and the Non-Party Corporation (hereinafter referred to as the “Non-Party Corporation”) set the amount of KRW 2,018,659,000 on December 21, 2012, Daejeon Labor Management, implemented by the Non-Party Corporation, for the 3-2BL Apartment Building Project (hereinafter referred to as the “2BL Landscape Project”) at KRW 2,018,659,000, in return for the change of name.

(hereinafter “instant contract”). The said payment was changed to KRW 1,711,431,39.

B. He Co., Ltd. (hereinafter referred to as “Yoo-man”) 1) Young-gu Co., Ltd.

(2) On September 17, 2012, the Daejeon District Court issued an order for the payment of the price for construction work as the Daejeon District Court No. 2012 tea10635 against Thai case. On September 26, 2012, the said court issued an order for the payment of KRW 341,00,000 to Thai case and the delayed payment damages therefor. (2) On September 17, 2012, the High Court issued an order for the payment of the said payment order with the executory title as to KRW 353,498,434 among the claims for the construction work under the instant contract for construction work for which Thai case was against the Non-Party Corporation, with the executory title as to KRW 2012,00,00 and KRW 353,498,434, out of the claims for the construction work under the instant contract for construction work against the Non-Party Corporation.

C. The Defendant Republic of Korea seized the claim for construction payment against the non-party Corporation based on the national tax claim held against Tae Jong-dae, as set out in the following [Attachment 1].

The amount of attachment on the date of seizure shall be KRW 1,45,460,010 on January 23, 2013, the date of service of the garnishee of the attached tax item by the competent authority, and KRW 1,460,010 on the attached tax item, corporate tax, wage and salary tax, value-added tax, and value-added tax on January 24, 2013, Daejeon District Court Decision 20,742,560 on February 5, 2013, Daejeon District Court Decision 3, 2015,05,057,140 on February 3, 2013.

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