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(영문) 대전고등법원 2017.08.11 2016나1111
배당이의
Text

1. The part against the defendant in the judgment of the court of first instance is revoked and the plaintiff's revocation part is against the defendant.

Reasons

1. Basic facts

A. On December 21, 2012, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) under the contract between G and Nonparty Corporation (hereinafter “H landscaping”) awarded a contract to G Co., Ltd. for the construction cost of KRW 2,579,767,000 for H landscaping work (hereinafter “H landscaping work”) to G Co., Ltd. (former trade name is “Co., Ltd. I”; hereinafter “G”), irrespective of whether 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. The Plaintiff filed a lawsuit against J and K, the executive officer of G, the Daejeon District Court 2010Kadan21785, the Daejeon District Court 2010Kadan21785. On July 2, 2010, the said court rendered a favorable judgment of the Plaintiff (hereinafter referred to as the “instant judgment of execution”) stating that “G, J, and K (hereinafter collectively referred to as “G et al.”) deliver the instant apartment unit 215 (hereinafter referred to as “instant apartment unit”) to the Plaintiff, and pay the amount calculated by the ratio of KRW 1,80,000 per month from November 25, 2009 to the completion date of delivery of the instant apartment unit” (hereinafter referred to as “instant judgment of execution”).

(2) On February 27, 2013, the Plaintiff filed a seizure and collection order with respect to KRW 68,400,000 (the amount derived from the rate of KRW 1,80,000 per month from November 25, 2009 to January 24, 2013) among the claims for construction cost under the instant contract held by G as the title of execution by the Daejeon District Court 2013TT2385, on February 15, 2013.

On March 5, 2013, the above decision was served on the Non-Party Corporation, a garnishee.

C. Defendant’s seizure and collection order 1) When 49 employees including himself/herself (hereinafter collectively referred to as “Defendant, etc.”), the Defendant is “Defendant, etc.”

As the designated parties of Daejeon District Court No. 2013 tea6200, the Daejeon District Court filed an application for a payment order seeking payment of wages against G, and the above.

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