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(영문) 전주지방법원 2016.12.16 2014가합1910
배당이의
Text

1. Of the distribution schedule prepared on March 17, 2014 by the above court with respect to the distribution procedure case B in the Jeonju District Court, the defendant is against the defendant.

Reasons

In fact, around September 26, 201, C Co., Ltd. (hereinafter referred to as “C”) entered into a subcontract with the Plaintiff by setting the construction amount of KRW 286,770,00 and the construction period from September 26, 201 to October 31, 201 as the construction amount of the steel frame construction among the new storage construction of D stockpile storage to the period from September 26, 201, and by setting the construction amount of KRW 328,680,00 and the construction period from September 26, 201 to October 31, 2011.

Afterwards, the Plaintiff entered into an additional construction contract with C as to the said steel framed, and received only KRW 480 million out of the total construction cost (= KRW 286,770,680,000 in KRW 328,680,00 in KRW 50 million), although both the said steel framed and the said additional construction and the panel construction were completed, only KRW 670,450,00 in total (= KRW 286,770,00 in KRW 328,680,00 in total).

Accordingly, on October 16, 2012, the Plaintiff filed an application for payment order with C to seek an amount equivalent to KRW 190,450,000 (i.e., KRW 670,450,000 - KRW 480,000), and issued the payment order from the above court on October 16, 2012, “C shall pay to the Plaintiff 190,450,000 won and interest calculated at the rate of 20% from the day after the original copy of the payment order was served to the day of full payment.” The above payment order was served to C on October 22, 2012, and confirmed on November 6, 2012.

On October 21, 2013, based on the above payment order, the Plaintiff was issued a collection order for the attachment and collection of the claim for the construction cost claim against C upon the contract for the construction work for the E Development Project between C and Susu-gun as the Jeonju District Court 2013TTT 8679 (hereinafter “instant construction work”).

Around April 10, 2013, the Defendant and C, including the preparation of authentic deeds between the Defendant and C, borrowed 3 billion won from the Defendant on February 20, 2012 at interest rate of 12% per annum and January 31, 2013, respectively, and the Defendant did not perform the obligation of the above borrowed money.

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