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(영문) 대구지방법원 2017.09.29 2017가단12810
배당이의
Text

1. Of the distribution schedule prepared by the said court on May 18, 2017 in the Daegu District Court D distribution procedures case, against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is operating a job placement service with the trade name “F” from the Gu and America E.

B. The Plaintiff was requested to supply human resources from MS architectural design Co., Ltd. (hereinafter “MS architectural design”), and introduced and supplied daily workers at the construction site of multi-family housing located in Gumi-si from October 1, 2016 to November 24, 2016.

C. The Plaintiff paid wages to the daily employed workers who provided labor at the said new construction site on behalf of MS architectural design, and received a letter of consent to receive wages by proxy from the daily employed workers.

As a result, the Plaintiff could not receive wages of KRW 9,591,447 of the daily workers paid by the Plaintiff on behalf of the Plaintiff from the MS AS architectural design, the Plaintiff filed an application for provisional attachment on the construction price claim that MS architectural design had against the old Construction Co., Ltd. (hereinafter referred to as the “former Construction”), as the resident stay support for the Daegu District Court 2017Kadan36, and received a provisional attachment order on February 1, 2017.

E. Ku-U.S. General Construction deposited KRW 134,149,905 for the construction price for MS architectural design as Daegu District Court 2017Hun2125.

F. In the Daegu District Court DD distribution procedure as to the above deposit, the said court, on May 18, 2017, drafted a distribution schedule of KRW 17,185,62 out of KRW 134,132,056, and KRW 116,946,394, the remainder of KRW 28,670,080, in proportion to the amount of the creditors’ claim in the second order, against Defendant B, who is the provisional attachment authority, the provisional attachment authority, and KRW 3,634,963, and KRW 917,269,00 to Defendant C, who is the provisional attachment authority, the collection authority, and KRW 83,724,082, as well as the construction materials for the Defendant Company, which is the provisional attachment authority, to distribute each of the amount of KRW 134,132,05,00 to Defendant C (hereinafter “instant distribution schedule”).

G. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against each of the dividend amounts against the Defendants among the instant distribution schedule.

[Ground of recognition] There is no dispute.

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