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1. In the distribution procedure of the Incheon District Court C, Defendant A Co., Ltd. among the distribution schedule prepared by the said court on September 24, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a non-profit corporation that establishes or is entrusted with a social welfare center and a senior welfare center. Defendant A (hereinafter “Defendant A”) is a corporation that performs construction works, such as civil engineering works and construction works, and Defendant B is a creditor against Defendant A.
B. On September 24, 2015, the Incheon District Court appeared in the distribution procedure of the above court C (hereinafter “instant distribution procedure”) to distribute the total amount of KRW 1,082,618,330 to the Plaintiff’s land expropriation compensation deposited by Dong-gu Incheon Metropolitan City with the Incheon District Court 2015Hun-5237 (hereinafter “instant deposit”) and to distribute the amount of KRW 1,082,732,514 to be actually distributed after deducting KRW 42,917 enforcement expenses from KRW 157,101 (hereinafter “instant deposit”) and interest 1,082,732,514 to the Dong-gu Incheon Metropolitan City, and to distribute the amount of KRW 325,225,30 won to the Defendants, KRW 129,947,301, KRW 12505, KRW 209, KRW 2301, KRW 1306, KRW 2301, KRW 237,23196,263136
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. The Plaintiff’s assertion bears the Defendant A’s obligation of KRW 43,896,819. However, the obligees of the Defendant A provisionally seized the total amount of KRW 1,208,983,820 on the instant deposit, or issued a collection order for the seizure and collection of the claim, and as such, the assignment of KRW 25,509,81 on the part of the Defendant A was transferred to I, the assignment of KRW 25,509,811 should be unduly deleted.
B. The judgment of the plaintiff does not dispute the plaintiff's assertion as above. Thus, the above defendant's confession pursuant to Article 150 (3) of the Civil Procedure Act is deemed to have been made.