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(영문) 대전고등법원 2017.04.21 2016나14612
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On December 21, 2012, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) under the contract between T and Nonparty Corporation (hereinafter “Korea Land and Housing Corporation”) awarded a contract for the construction work to T Co., Ltd. (hereinafter “T”) for the construction work amounting to KRW 2,579,767,000, regardless of whether it was before or after the mutual change.

(hereinafter referred to as “instant contract”). Since then, the said contract amount was changed to KRW 2,106,838,484.

B. On February 12, 2013, the Plaintiff filed a lawsuit against T against Daejeon District Court 2010Kahap9690 regarding the loan claim against Daejeon District Court. On May 3, 2011, Daejeon District Court rendered a decision in lieu of the conciliation including “T shall pay the Plaintiff KRW 100 million up to August 15, 201, but at the time of failure to pay due, the Plaintiff shall pay the Plaintiff an annual interest of KRW 10% from August 16, 201, and the said decision became final and conclusive as it is without objection by the Plaintiff. 2) On February 12, 2013, the original copy of the said decision as mentioned above was issued by the Daejeon District Court 2013Ma2290, Daejeon District Court 200, Daejeon District Court 114,958,904 won (the principal, KRW 10,000, KRW 1000, KRW 138,294,201).

On February 21, 2013, the above decision was served on the Non-Party Corporation, a garnishee.

C. The Defendants’ seizure and collection order 1) The Defendants filed an application with the Daejeon District Court No. 2013 tea6200 with the Daejeon District Court for a payment order seeking payment of wages against T, with W as the designated party. On July 3, 2013, the said court ordered T to order the Defendants to pay each of the following monetary amounts and damages for delay thereof (hereinafter “instant payment order”).

issued this chapter.

No. 3.

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