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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. A. On September 17, 2012, the Daegu District Court Branch Decision 2012TTY 2012TY 6073 rendered a claim claim amounting to KRW 37,323,177 of the remuneration for the building stones (hereinafter “cost”) as the claim amount, and C received a claim attachment and collection order against the damage claim against the C&T trade in the price for building stones (hereinafter “C&T”), and the above claim attachment and collection order was served on C&T around the 19th of the same month.
B. On October 26, 2012, the Defendant: (a) received a claim from the Daegu District Court Branch of the Daegu District Court to claim KRW 487,768,934 of the principal and interest on the lease of the building stones as the claim claim amounting to KRW 487,768,934 of the principal and interest on the lease of the building stones; and (b) received a claim for the damage claim against the creamble trade of the building stones; and (c) received the claim seizure and collection order as to the above claim seizure and collection order around
C. On November 1, 2012, Dongcheon building stones Co., Ltd. (hereinafter “dynamic building stones”) obtained a claim claim amounting to KRW 139,004,177, such as damages, etc. for the price of building stones under the Seo-gu District Court Branch of Daegu District Court Decision 2012TTTT 7388, and received a claim attachment and collection order as to the damage claim for the price of building stones. The above claim attachment and collection order were served on the trading company around the August of the same month.
C. When the collection order was competitiond as above, around November 9, 2012, the Seoul Central District Court deposited KRW 166,231,568 in the deposit of KRW 2213, the Seoul Central District Court deposited KRW 166,231,568, and accordingly, the distribution procedure (hereinafter referred to as “instant distribution procedure”) began with the Daegu District Court Branch D branch branch D.
E. On January 8, 2013, the above court: (a) opened a date of distribution to determine the amount to be actually distributed as KRW 166,384,934; (b) prepared a distribution schedule with the content that partial dividends of KRW 29,419,656 to C; and (c) the remaining KRW 30,375,818 to the Defendant, and the said distribution schedule was finalized without any objection; and (c) in accordance with the said distribution schedule, C;