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(영문) 광주고등법원 2018.04.27 2017나12621
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. Around June 2015, a new comprehensive construction company (hereinafter “new construction company”) entered into a contract with Jeonnam-do for the construction period of “the Multi-Purpose Class of the Female Elementary School” from Jun. 12, 2015 to Nov. 16, 2015, with the construction cost of KRW 1,185,91,160.

B. On August 18, 2015, the Plaintiff entered into a contract to accept a subcontract with the steel frame and roof board construction cost of KRW 205,700,000 among “the construction works for the extension of a multi-purpose classroom at the Southern Elementary School” (hereinafter “instant construction works”), and drafted a direct payment agreement with the Plaintiff directly receiving subcontract payment from Jeonnam-do, the ordering person, (hereinafter “instant direct payment agreement”). On September 3, 2015, the Plaintiff obtained the approval of Jeonnam-do as to the instant direct payment agreement.

C. The Defendants received a decision of provisional attachment, seizure, etc. (hereinafter “instant provisional attachment, etc.”) with respect to the claim for the construction cost of the construction cost of the Do in South-do prior to the issuance of the first class (hereinafter “instant claim for the construction cost”) as indicated below, and Jeonnam-do was served with the instant provisional attachment, etc. on the date indicated below [Attachment 1] on the date of service.”

[Attachment 1] On September 2, 2015, the date of delivery of the No. 1 of the creditor's claim amount, 600,000,000,000, Defendant A's claim attachment and assignment order 66,000,000,000 of the provisional attachment against Defendant C's claim during the period of Construction on September 21, 2015 (No. 14), Defendant Taeyang Construction Co., Ltd., Ltd., 3 before this seizure (No. 14), 21,205,360, prior to the provisional attachment as of September 21, 2015 (No. 13), 18,14,940, and 5, prior to the provisional attachment as of September 24, 2015 (No. 7) and 5, Defendant D's claim 15,490, 490, 2015, Defendant D's claim and collection order as of September 36, 15, 2014 and 5.

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