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(영문) 수원지방법원평택지원 2015.09.09 2014가합4356
배당이의
Text

1. Of the instant cases, the lawsuit against Plaintiff U.S. Industrial case was concluded on April 8, 2015 as deemed the withdrawal of the lawsuit.

2...

Reasons

1. The following facts of basic facts may be acknowledged either in dispute between the parties, or in light of the whole purport of the pleadings as stated in the evidence Nos. 1, 2, 3, 5-1, 2, 6-1, 6-2, and 6, and 6:

C On June 28, 2011, a corporation (hereinafter referred to as “C”) entered into a contract with the Republic of Korea (the Ministry of National Defense under the jurisdiction of the Ministry of National Defense) on the construction of an indoor soundproof shooting range in the Army D military unit C (hereinafter referred to as “instant construction”).

B. On September 201, Plaintiff Sea Facilities Co., Ltd. (hereinafter “Plaintiff Sea Facilities Co., Ltd”) concluded a subcontract with C for the construction cost of KRW 81,400,00 and the construction period from September 15, 201 to June 27, 2012 for the instant construction work.

Plaintiff

On December 1, 2011, Franchi Construction Co., Ltd. (hereinafter referred to as “Plaintiff Franchi Construction”) concluded a subcontract between C and C with respect to the unused, waterproof, and tidal Works during the instant construction, the construction cost of KRW 80,630,00, and the construction period of KRW 80,630,00, and the construction period from December 1, 201 to June 27, 2012.

Plaintiff

Around April 2012, the U.S. Industrial Construction Co., Ltd. (hereinafter “Plaintiff U.S. Industrial Construction”) concluded a subcontract agreement between C and C for the construction work of this case with the construction cost of KRW 25,850,00 and the construction period from April 30, 2012 to June 27, 2012.

C. B around August 2011, C transferred KRW 218,328,90 to the Defendant of this case’s claim for the construction payment against the Defendant (hereinafter “claim Assignment”), notified the Defendant to the Republic of Korea, and issued the said notification to the Republic of Korea on August 10, 201.

The Republic of Korea was declared bankrupt on October 10, 2012 by Suwon District Court 2012Hahap22.

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