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(영문) 창원지방법원 2015.01.21 2013가단22433
배당이의
Text

1. Defendant Co., Ltd. among the distribution schedule prepared by this court on August 26, 2013 with respect to the dividend procedure case of this Court B.

Reasons

1. Facts of recognition;

A. On March 2008, Ho Ho Ho Construction Co., Ltd. (hereinafter “Yhohoho Construction”) subcontracted the construction from Switzerland Construction Co., Ltd. (hereinafter “Switzerland Construction”) to the Busan Gangseo-dong Green Industrial Complex 1774 Musan National Industrial Complex 97 Bluan-dong, Gangseo-gu, Busan (hereinafter “Seoho Construction”) on the part of the construction of green waste reclamation sites for green green industrial complexes (hereinafter “the instant construction”).

B. Since the Switzerland Construction was the defaulted taxpayer, Busan Metropolitan City, and the Busan Metropolitan City, Inc. (hereinafter referred to as the "Seongsan Metropolitan City,") a lien on September 17, 2009 (the plaintiff and the defendant special company company for the defendant's heading (hereinafter referred to as the "special company for defendant's heading") on October 13, 2009, after receiving the successful bid for the above land and waste reclamation in the auction procedure on September 17, 2009.

In addition, the Plaintiff agreed to pay the amount equivalent to 88% of their claims (hereinafter “instant agreement”) to the arbitrative of the lien (hereinafter “Lien”). The Plaintiff received the payment.

C. On May 25, 2010, the Plaintiff filed a lawsuit against the Jeju District Court 2009Kadan127136 to receive the above remainder of 12% against the Jeju District Court, and rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from November 4, 2009 to the date of full payment,” and that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 42,210,554 won and the amount calculated at the rate of 20% per annum from November 4, 2009 to the date of full payment.” While the Plaintiff appealed for this, the appeal was dismissed on December 17, 2010, the above judgment became final and conclusive thereafter.

Pursuant to deposit of Changwon District Court Decision 2013Hun1904, KRW 357,718,241 won, the distribution schedule was prepared on August 26, 2013 with respect to the Plaintiff and the Defendants as follows.

3. The amount of dividends paid to the creditor entitled to claim the amount of credit, 53,006,226 won, 13,230,634 won, 133,983, 446 won, 33.

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