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(영문) 수원지방법원안양지원 2017.11.22 2017가단30
배당이의
Text

1. The distribution schedule prepared on December 29, 2012 by the same court with respect to distribution procedures set forth in the Suwon District Court Ansan Branch B.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the Plaintiff’s claim 1) The Plaintiff Company C (hereinafter “C”) around April 2012.

) Sco Construction Co., Ltd. and C (hereinafter referred to as “Sco Construction”).

2) Claim for the construction price of D&D (4) construction of reinforced concrete and reinforced concrete (5) construction of this case (hereinafter “instant claim for the construction price”).

(2) On May 17, 2012, C notified the transfer of the above credit by content-certified mail to Switzerland Construction. The above notification was served to Switzerland Construction on the following day.

B. On January 27, 2012, C reported and paid KRW 293,898,112 as the 2nd value-added tax amount on January 27, 2012. Accordingly, Defendant National Tax Service’s submission of the Korea Coast Guard (hereinafter “Defendant”).

(2) On March 8, 2012, C notified C of the payment deadline of KRW 297,513,050, and penalty tax of KRW 3,614,946 on March 31, 2012. The notice was served on C on March 13, 2012. (2) The said notice was served on C by March 31, 2012, but C did not pay the value-added tax and the penalty tax by March 31, 2012. The Defendant sent the notice of demand to C on April 10, 2012, and the said notice was served on C on April 17, 2012.

3) On June 15, 2012, the Defendant seized C’s sales claim regarding C’s scisco construction with the tax claim amounting to KRW 438,727,200, including the above value-added tax amount in arrears, as the preserved claim. (c) On July 12, 2012, the cash deposit scisco construction for the Scisco construction was deposited KRW 1,068,354,212 with the Plaintiff and C as the depositee on grounds of competition, etc. on July 12, 2012, the amount of the construction payment liability against C as the depositee, and KRW 446,207,07, which was actually distributed on December 29, 2016, to the appointing party, including the Escisco construction, the amount of KRW 1,068,354,212 as the depositee. (d) The distribution procedure 1) The distribution procedure for the aforementioned deposit was conducted by the Suwon District Court.

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