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(영문) 대전고등법원 2017.04.21 2016나14605
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On December 21, 2012, the Korea Land and Housing Corporation (hereinafter “S Landscape Corporation”) awarded a contract for construction work between T and Non-Party Corporation (hereinafter “Non-Party Corporation”) with 2,579,767,000 won to T Co., Ltd. (hereinafter “T”), regardless of whether it was before or after the mutual change.

(hereinafter referred to as “instant contract”). Since then, the said contract amount was changed to KRW 2,106,838,484.

B. On August 11, 2011, the above court rendered a favorable judgment against the Plaintiff that “T shall pay to the Plaintiff 13,000,000 won and 20% interest per annum from October 2, 201 to the date of full payment.” The above judgment became final and conclusive around that time. (2) On February 12, 2013, the original copy of the above judgment was issued by the Daejeon District Court 2013TTTTTTTTB2289, the Plaintiff filed a suit for the claim for construction cost.” On February 12, 2013, the court issued a favorable judgment against the Plaintiff that “T shall pay to the Plaintiff the amount equivalent to 113,00,000 won and 20% interest per annum from October 2, 2010 to the date of full payment.” (36, 200,000,000 won and interest for delay from the court 16, 2986, 2013.

On February 21, 2013, the above decision was served on the Non-Party Corporation, a garnishee.

C. The Defendants’ seizure and collection order 1) The Defendants filed an application with the Daejeon District Court 2013 tea6200 with the Daejeon District Court for a payment order claiming payment of wages against T. The said court ordered T on July 3, 2013 to order the Defendant A to pay the delayed payment amount of KRW 4,320,00, KRW 4,140,000, and KRW 4,140,000 with respect to each of the above funds (hereinafter “instant payment order”).

(2) The above order of payment was issued at that time because it did not object to T.

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