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(영문) 대전지방법원 서산지원 2018.01.10 2017가단34
배당이의
Text

1. Each of the lawsuits of plaintiffs Taewon Construction Chemical Co., Ltd., C and E shall be dismissed.

2. The same industry, A, and A of the Plaintiff Company.

Reasons

1. Basic facts

A. The Plaintiffs filed a lawsuit against J on the ground that the Plaintiffs received a claim for the payment of the construction price from K Co., Ltd. (hereinafter “instant claim for the construction price”) from K Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On October 20, 2016, the appellate court (the Daejeon District Court Decision 2013Na4911; hereinafter “related case”), rendered a final judgment against the Plaintiff’s Defendant (the third party obligor J of this case) with the same industry at the rate of KRW 7,109,73, KRW 415,698, KRW 22,074,575, KRW 208, KRW 2064, KRW 1717, KRW 206417, KRW 1751, KRW 20651, KRW 200, KRW 2015, KRW 3615, KRW 2016, KRW 2015, KRW 2016, KRW 3627,36165,2015.20.

B. The J deposited KRW 60,787,675 (Seoul District Court Seosan Branch 2016Hun-Ba1492). On December 28, 2016, the distribution court drafted a distribution schedule that distributes KRW 60,732,755 as follows (hereinafter “instant distribution schedule”).

① Defendant F (Sasan Branch Branch of Daejeon District Court) 1,641,179 won, Defendant G (Sasan Branch of Daejeon District Court Branch of Daejeon District Court of 2013) 34,421,677 won, Defendant H (Sasan Branch of Daejeon District Court of 2016) 4,632,85 won, Defendant H (Sasan Branch of Daejeon District Court of 2016) 4,632,85 won. ② Plaintiff H (Sasan Branch of Daejeon District Court of 2016) 1,092,635 won, A70,575 won, Plaintiff Dongyang Electrical Construction of 3,392,575 won, Plaintiff Taeyang Electrical Construction of 2,026, B,317,217, Plaintiff C229, 101, D104, 1089, E239,3829, and 309,329,396, and

C. The Plaintiff’s identical industry, A, Dongyang Electrical Construction, B, and D appeared on the date of distribution, and raised an objection to the entire dividend amount of the Defendants, and filed the instant lawsuit on January 2, 2017, which is within seven days thereafter.

[Grounds for recognition] Nos. 1 and 1.

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