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(영문) 의정부지방법원고양지원 2017.08.24 2017가단77721
배당이의
Text

1. In the case of the distribution procedure E by the Goyang District Court, the defendant among the distribution schedule prepared by the above court on April 27, 2017.

Reasons

1. Basic facts

A. On February 27, 2012, the Defendant Credit Guarantee Fund (Seoul Western District Court Decision 2012Kadan1479, the Seoul Western District Court (Seoul Western District Court Decision 2012Kadan1479), rendered a provisional attachment on the claim for the progress payment (construction price) against the Daegu Metropolitan City. The said decision was served on the third debtor Daegu Metropolitan City on February 29, 2012.

B. Defendant A, B, C, and D received an order of seizure and assignment as to the claim equivalent to KRW 727,917,804 ( KRW 181,979,451 for each of Defendant 1,979,451) out of the claim for the payment for the completion of the Daegu Metropolitan City at the same court as of April 9, 2012, based on the order of correction of No. 2012, which was issued on March 16, 2012, pursuant to the order of correction of No. 2012, 2012, the original copy of the order of seizure and assignment was served to Daegu Metropolitan City on March 16, 2012. The original copy of the above order of correction was served on April 12, 2012.

C. On April 10, 2012, the Plaintiff (former: Co., Ltd.) received a seizure and collection order on the claim amounting to KRW 423,960,529 from among the claim for construction cost, which was held against Daegu Metropolitan City by the Goyang-gu District Court 2012TTW 4473, the amount equivalent to the said claim until the said construction amount is KRW 423,960,529, and the original copy of the said decision was served on Daegu Metropolitan City, a debtor on April 13, 2012.

Daegu Metropolitan City made a mixed deposit of KRW 294,143,00 for the construction cost to be paid to the Haak Construction Co., Ltd. and the Haak Construction Co., Ltd., a joint contractor under the Daegu District Court No. 9482 on November 28, 2012.

(hereinafter “the deposit of this case”) e.

On April 27, 2017, Yangyang branch of the District Court: (a) drafted a distribution schedule with the content that distribution procedures for the said deposit (E; hereinafter “the instant distribution procedures”); (b) KRW 10,932,139; and (c) the Defendant Credit Guarantee Fund, a person having the same priority, distributes each of KRW 19,828,876 to the Plaintiff, Defendant A, B, C, and D, respectively.

F. The Plaintiff is wholly liable to pay dividends to the Defendants on the date of distribution.

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