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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In accordance with Article 248(1) of the Civil Execution Act and the latter part of Article 487 of the Civil Act, Liber Construction Co., Ltd. (hereinafter “Din Construction”) deposited KRW 132,715,000 (hereinafter “instant deposit money”) in accordance with Article 248(1) of the Civil Execution Act and the latter part of Article 487 of the Civil Act, on the ground that the assignment of claims and the seizure and collection order competes with several cases.
B. The particulars of the assignment of claims and the seizure and collection order stated in the above deposit certificate are as follows:
On May 18, 2016, KRW 30,000, KRW 30,000 of the assignment of claims 30,000,000, KRW 130,000,000 on the date when the creditor’s contents were served on Rara Construction, 30,000,000 for the assignment of claims 30,000,000 won on May 18, 2016, and KRW 70,00,00,000 for the assignment of claims 21,00,00,00,000, KRW 20,000,000 on July 6, 2016, KRW 200, KRW 10,000, KRW 300,000, KRW 200,000, KRW 6,790,000 on July 6, 2016, KRW 10,000 for cancellation of the assignment of claims
The Plaintiff made a demand for distribution as a collection authority under the Suwon District Court A distribution procedure for the instant deposit (hereinafter “instant distribution procedure”).
The holder of the right to claim a dividend amount of KRW 30,00,000,000, 30,000,000,000, 1 Co., Ltd. 1 Co., Ltd. 21,000,000,000 won 1 Co., Ltd. 21,000,000 won 1 Co., Ltd. 22,698,560 won 2,698,560 won 2,698,560 won 2,698,560 won 2,691,40 won 4,091,40 won 4,40 won 4,091,40 won 2 Defendant 4,750,750,118 won 4,18 won by the holder of the right to claim a dividend amount of creditor
D. On November 20, 2017, the said court rendered the instant case below the distribution schedule as follows.