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(영문) 부산지방법원 2015.01.22 2014가단648
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2013, the Plaintiff owned a claim for construction price of KRW 281,518,500 against the non-party comprehensive construction company, the Plaintiff prepared an authentic deed of a debt repayment agreement by setting the rate of delay payment as 20% on July 10, 2013 and on June 14, 2013.

B. On June 20, 2013, Hyundai Busan Port Co., Ltd. contracted to perform construction works for the new construction works for the repair site at the Busan Port prior to the Busan Port. On September 5, 2013, Hyundai Busan Port Co., Ltd. deposited KRW 85,760,000 which was not paid out of the construction works (Seoul District Court No. 7410, Sept. 5, 2013).

C. Meanwhile, on August 30, 2013, Defendant A was selected as the designated party of Nonparty D and seven others (including Defendant A himself, the same as indicated in the attached Form), and was issued a seizure and collection order as to the claim for the construction price against Hyundai Busan Port Co., Ltd., Ltd., by using the wage claim of KRW 34,115,590 for the comprehensive construction (the claimed amount by the selected party). Defendant A received a seizure and collection order as to the claim for the construction price of Hyundai Busan Port Co.,, Ltd. of the comprehensive construction on August 30, 2013, and Defendant B received a collection order as to the claim for the construction price of KRW 41,545,16 for the comprehensive construction on August 27, 2013.

The status of Hyundai Busan Port Co., Ltd.

The distribution procedure was initiated to Busan District Court C with respect to the deposit money stated in the claim. On December 30, 2013, the date of distribution, the above court referred to the designated parties in the distribution procedure of this case in the first order of the defendant A and his designated parties, not the designated parties in the lawsuit of this case.

(b) the same person.

to be paid by the Corporation, such as wages.

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