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(영문) 서울중앙지방법원 2019.05.21 2018가단5214749
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The obligees' claims against C are set forth in Section C (hereinafter "debtor").

(D) The Seoul National University Hospital on August 31, 2016 (hereinafter “instant Corporation”) shall operate the E Corporation (hereinafter “instant Corporation”).

(2) On October 31, 2016, the Plaintiff is a creditor who has a claim for the construction cost of KRW 119,790,346 against the obligor on the part of the instant construction work, concluding a subcontract contract with the obligor and terminating the construction work.

3) On August 10, 2015, the Defendant loaned KRW 2.8 billion to F Co., Ltd. under the debtor’s joint and several sureties, and the repayment was not made on August 10, 2017, which was due, and thus, the Defendant is a creditor who has a joint and several liability claim for the above loan. 4) The non-party G Co., Ltd. (hereinafter “G”) is a creditor who has a loan claim against the debtor, and the non-party H Co., Ltd. (hereinafter “H”) is a creditor who has a claim for the construction price of KRW 285,749,049 against the debtor.

B. On September 15, 2017, G filed an application for provisional seizure against the claim amounting to KRW 250,00,000 with the Seoul Central District Court 2017Kadan812403, G on September 15, 2017. The provisional seizure order was issued on September 21, 2017, and the provisional seizure order was served on the Seoul National District Court on September 25, 2017. (2) The Defendant filed an application for provisional seizure against the claim amounting to KRW 400,00,000 with the claim amount as Seoul Central District Court 200,000,000, and the debtor filed an application for provisional seizure against the claim amounting to Seoul National University Hospital on October 30, 2017 and served on the Seoul National University Hospital on September 25, 2017.

3. The obligation to pay the construction cost to the debtor as above.

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