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(영문) 서울중앙지방법원 2016.09.06 2014가단5211438
배당금지급청구권양도에의한부당이득금반환
Text

1. The defendant shall transfer to the plaintiff the claims listed in the attached list, and give notice of the assignment of claims to the Republic of Korea.

2...

Reasons

1. Facts of recognition;

A. On May 2, 2014, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “Nonindicted Company”) seeking payment of KRW 8,2940,000 and damages for delay thereof, which became final and conclusive on May 24, 2014, as Seoul Western District Court Decision 2014Da1914, the part of the wooden Work (the construction cost of KRW 36,300,000), the replacement Work in Taecheon-si (the construction cost of KRW 1,2540,00), and the part of the wooden Work (the construction cost of KRW 34,100,000) among the extension work of the classroom, and brought a lawsuit seeking payment of KRW 8,29,000 and damages for delay.

B. On January 10, 2014, the Defendant issued and delivered to the Defendant a promissory note in Seoul Special Metropolitan City, which is the representative of the Nonparty Company’s company, G and his spouse, which is a de facto operator of the Nonparty Company. On January 10, 2014, the Defendant issued and delivered to the Defendant on January 10, 2014, a notarial deed stating that “If payment of the said promissory note is delayed, there is no objection, even if there is no objection,” the said promissory note was immediately enforced.

C. The Defendant filed an application for a seizure and collection order as to the claim amounting to KRW 500 million with the title of execution against the claim amounting to KRW 500 million with the Seoul Eastern District Court 2014TTTTT1389, and received a seizure and collection order as to the claim for construction price against the Seoul Special Metropolitan City of the non-party company.

When the Seoul Special Metropolitan City was served with the creditor's order of seizure and collection upon the non-party company's request or the provisional seizure order of the non-party company, it deposited KRW 470,019,00 with the Seoul Central District Court No. 2014, 3759 with the deposit amount of KRW 470,000 with respect to the non-party company, and the distribution procedure of the deposit was progress from February 25, 2014 with the Seoul East East District Court I (hereinafter "the distribution procedure of this case").

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