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(영문) 창원지방법원 2014.12.11 2013가합33348
배당이의
Text

1. Of the distribution schedule prepared on January 22, 2013 by the said court with respect to A real estate auction cases, the Changwon District Court A.

Reasons

1. Basic facts

A. The Defendant’s claim and collateral security acquisition background 1) Plaintiff (the Gomun Integrated Construction Co., Ltd., Ltd., on December 6, 2006, and the 197.7.4, on July 4, 2013, changed the trade name in order.

) The New Housing Construction Co., Ltd. (hereinafter referred to as “New Housing Construction”) is an executor on November 30, 2006.

B) On December 22, 2006, Co., Ltd. (hereinafter “D”) entered into a new construction contract for C Apartment on the nine parcels, Changwon-si and Changwon-si, with the construction cost of KRW 5.26 million as KRW 5.6 million.

2) As to the construction cost of facilities and gas during the construction of the above new construction, D was awarded a subcontract with the construction cost of KRW 400 million, and D thereafter with the trade name of “E” (hereinafter “Dn industry”).

A) The Plaintiff re-subcontracted the gas boiler installation works among the above subcontracted works. (2) Around April 2007, the Plaintiff issued to D as security for the said subcontracted works, and around May 2007, one copy of a promissory note of KRW 4 million per face value (No. 10 per face value) (No. 8) of KRW 65 million per face value, and D has endorsed and delivered to F each of the said units of shares and promissory note. D again issued the said note to D on April 9, 2007, and on May 28, 2007, the said note was endorsed and endorsed to D on each of the said units of shares and promissory note.

3) Upon the rejection of payment on September 27, 2007, F collected the above per unit number table and the promissory note from Ln Industrial, and on October 9, 2007, F issued one promissory note (No. 6) with respect to the above per unit number table from the Plaintiff on October 9, 2007. With respect to the said promissory note, the said promissory note was returned to the Plaintiff on October 12, 200, and paid KRW 4 million from the Plaintiff. 4 million with respect to the said promissory note, New Housing was added to F on the premise of settlement in relation to the above per unit number table, and the interest calculated at the rate of 16% per annum on October 8, 2007 on the condition that the settlement of the said check amount is postponed for three months.

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