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(영문) 대전지방법원 2018.06.20 2017가단5706
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

In order to preserve the F Co., Ltd.'s claim for construction cost claim KRW 66,00,000 against F Co., Ltd., the Plaintiff seized the F Co., Ltd.'s claim for construction cost claim against the Daejeon Metropolitan City as the Daejeon District Court 2016Kadan3221.

After that, on October 21, 2016, Daejeon District Court deposited KRW 66,00,000 in gold No. 6257 in order to cancel the execution of the above provisional seizure.

On October 2016, the Plaintiff filed an application with Daejeon District Court No. 2016 tea7377 for a payment order claiming the payment of the above construction cost and its delayed damages. On October 20, 2016, the payment order was issued as of October 20, 2016 and became final and conclusive around that time.

Upon the determination of the above payment order, the Plaintiff received the attachment and collection order as to the F’s claim for the deposit collection of F’s deposit in the Republic of Korea as the Daejeon District Court 2016 other bond 14604 dated December 6, 2016.

In detail, the provisional seizure of KRW 66,00,000 among the claims for deposit collection, was transferred to the provisional seizure, and it was additionally seized KRW 3,744,595.

Defendant B received a seizure and collection order as to the F’s claim against the Republic of Korea as the Daejeon District Court No. 2016TT14718 dated December 12, 2016.

The amount of the claim is KRW 200,000,000, and the executive title is the executive title, which was prepared by the notary public G office belonging to the Daejeon District Public Prosecutor's Office on November 7, 2016.

Defendant C received the attachment and collection order as to the F’s claim to recover the deposit money from the Republic of Korea as of December 12, 2016 by the Daejeon District Court Decision 2016TTT14719.

The claimed amount is KRW 380,000,000, and the executive titles are executive titles on November 7, 2016, a notary public's G office, which belongs to the Daejeon District Public Prosecutor's Office, is an executory exemplification under Article 5555 of the document 2016.

As above, the seizure of the provisional seizure release deposit was competition, the Daejeon District Court E-distribution procedure commenced and the actual distribution amount was 65,95,416 won on the date of distribution on February 28, 2017.

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