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(영문) 광주지방법원순천지원 2014.11.20 2014가합1233
배당이의
Text

1. The plaintiff (Appointeds)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 20, 2013, Jeonnam-do Office of Education entered into a contract with H Co., Ltd. (hereinafter “H”) for the construction of new buildings in tentative G (hereinafter “instant construction”) in the Gainam Innovation City, Jeonnam-si, Gwangju-si. On the same day, H entered into a subcontract with I Co., Ltd. (hereinafter “J”) as to the part of the instant construction of reinforced concrete among the instant construction works.

B. On November 201, 2013, when the instant reinforced concrete construction was underway, the construction was suspended due to the J’s failure to pay the construction cost, such as materials and equipment costs, and the J waived the construction work on November 7, 2013 and completed it at the construction site.

Accordingly, H terminated the subcontract for the instant construction work of reinforced concrete between J on November 15, 2013.

C. 109 persons including the Plaintiff (Appointed Party) A and B (hereinafter “Plaintiffs”) appointed Plaintiff A and B as the designated parties. The designated parties selected Plaintiff A as the designated parties are eight persons including Plaintiff A, and the designated parties selected Plaintiff B as the designated parties are 101 persons including Plaintiff B;

On December 3, 2013, K confirmed that the unpaid wage of 101 persons selected with Plaintiff B was KRW 243,417,00,00, and concluded as a notary public on January 13, 2013 a “notarial deed of wage obligation confirmation and payment agreement” with the purport that the said persons would not object to the compulsory execution by the Plaintiffs. On January 13, 2014, K confirmed that the unpaid wage of eight persons appointed with Plaintiff A was KRW 24,745,00,00, and drafted as a deed of notarial deed with the same content as that of Plaintiff A, which confirmed that the unpaid wage of eight persons appointed with Plaintiff A was KRW 24,745,00.

(hereinafter above notarial deeds are referred to as “instant notarial deeds”). D.

The Plaintiffs are based on the authentic copy of the instant notarial deed with executory power and thus, this Court No. 2013 Typt 9703 (Plaintiff B).

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