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(영문) 광주고등법원(제주) 2012.11.14 2011나728
배당이의
Text

1. Of the ancillary claims for the judgment of the first instance, the following portions are ordered to correct the distribution schedule:

Reasons

1. Facts of recognition;

A. On April 30, 2009, Jeju Special Self-Governing Province (hereinafter “Seoul Special Self-Governing Province”) awarded a contract for the construction of a field school and for the repair of a gymnasium (hereinafter “instant construction”) from May 4, 2009 to September 1, 2009, for the construction period of KRW 419,103,070 (the construction cost was increased to KRW 420,623,070, and was reduced to KRW 393,416,000 at a time when completion was completed) and paid KRW 0,000 on May 19, 2009 as advance.

B. Jeju-do was served by creditors of the Han-do on the provisional attachment, seizure, etc. (hereinafter “instant provisional attachment, etc.”) with respect to the claim for the construction price of Jeju-do in the Il-do Construction (hereinafter “instant claim for the construction price”) as shown in the table below.

Serial 1 A. 2B 7,020,00 on June 30, 209 before the date of service of the kinds of creditors 1 A. 287,416,438 on June 30, 209 (12) 2 B provisional seizure 7,020,000 on July 7, 2009, the provisional seizure 330,000,000 on September 9, 209 (11), the National Pension Service 1,139,50. 36. 1, 207. 4. 1, 207. 1, 208. 20. 31, 209 and 4. 12,017,6,67,670, 2009 and 12,310,000,000 on September 24, 2009;

On August 16, 2009, Ilsung Construction subcontracted 30,000 won in water supply, 30,000,000 won in water supply, and 11,740,000 won in water supply for the construction of plaintiff Taesung Construction, and signed a direct payment agreement with the plaintiffs while subcontracting 39,00,000 won in water supply, and on September 15, 2009, notified the subcontract to Jeju-do with the above direct payment agreement.

The plaintiffs completed the subcontracted project on December 23, 2009.

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