beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 28, 2009, the Defendant and the Nonindicted Construction Co., Ltd. (hereinafter referred to as the “Nonindicted Construction”) constituted a joint supply and demand organization representing the Defendant (hereinafter referred to as the “joint supply and demand organization of this case”) which jointly receives the “construction in the complex facilities zone” (hereinafter referred to as the “instant construction”) from the Songdompic Co., Ltd., a foundation (hereinafter referred to as the “Sampick”) from the Songdommc Co., Ltd. (hereinafter referred to as the “Sampic”).
B. On May 28, 2010, the Plaintiff was issued a seizure and collection order under the Incheon District Court 2010 other 13286 with respect to the claim for the construction price, etc. against the Songdok Construction with the balance of the promissory note payment claim amounting to KRW 534,019,361 as the claim claim amount. On June 25, 2012, the Defendant was issued a provisional seizure order under the Seoul Central District Court 2010 other 13286 with respect to the claim for the construction price, etc. against the Songdoklesk Construction (hereinafter “instant provisional seizure”). On June 25, 2012, the Defendant was issued a provisional seizure order under the Seoul Central District Court 2012Kadan2241 with respect to the claim for the construction price, etc. against Songdoknk as the claim amount.
C. On June 27, 2013, the distribution schedule was prepared to distribute KRW 221,367,235 to the Plaintiff, and KRW 549,848,344 to the Defendant, respectively, on the same day, the Plaintiff raised an objection against KRW 224,369,585 out of the Defendant’s dividend on the date of distribution, and on July 3, 2013, the Plaintiff filed a lawsuit of demurrer to the distribution on the same day.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion (1) The construction cost of the instant construction costs to be borne by the Jeju Construction costs is the construction cost for the Songdok Construction costs.