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(영문) 의정부지방법원 2017.10.18 2015가합52340
배당이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 3, 2014, the Plaintiffs filed an application with the Plaintiff for payment order with the Plaintiff Company for payment of USD 415,000 to the Plaintiff Company, and USD 100,00 to the Plaintiff Company for the Plaintiff Company for the payment of the Plaintiff Company for the amount of KRW 10,000 to the Plaintiff Company, and the amount of delay damages for each of them. The above payment order became final and conclusive on October 31, 2014.

(Dacheon District Court 2014Da2874, hereinafter "the instant payment order") B.

On September 23, 2013, in the name of paying the construction price to the Defendant, the Seourina issued promissory notes in the face value of KRW 5,000,000 with the Defendant as the addressee, and, in the event of delay in the payment, a promissory notes No. 4410, in the name of a notary public, prepared and delivered to the Defendant, which recognize compulsory execution (No. 4410, No. 2013).

C. The Defendant filed an application for attachment and assignment order regarding the claim for construction price from the Korea Electric Power Corporation due to the construction of the said promissory note No. 2013TTTT 2013TT 19405, the amount of which is the claim amount. The Defendant issued an attachment and assignment order based on October 21, 2013.

On the other hand, on December 11, 2013, the Republic of Korea issued a promissory note of KRW 5,000,000 at the face value of the Defendant as the addressee, under the pretext of paying the construction price to the Defendant, and, if the payment is delayed, a promissory note No. 4483 (No. 4483) to the effect that a notary public shall recognize compulsory execution (No. 2013) and deliver it to the Defendant.

E. The Defendant is the construction work of the Kug Government District Court 2013TTT 25019, the amount of which is the claim amount based on the said promissory note notarial deed, which is the construction work of the 765km Reporting Ri-Seoul-do Electric Transmission Line.

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