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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On July 28, 2009, the Defendant and the Nonindicted Construction Co., Ltd. (hereinafter referred to as the “Nonindicted Construction”) constituted a joint supply and demand organization representing the Defendant (hereinafter referred to as the “joint supply and demand organization of this case”) which jointly receives the “construction in the complex facilities zone” (hereinafter referred to as the “instant construction”) from the Songdompic Co., Ltd., a foundation (hereinafter referred to as the “Sampick”) from the Songdommc Co., Ltd. (hereinafter referred to as the “Sampic”).
B. On May 28, 2010, the Plaintiff was issued a seizure and collection order under the Incheon District Court 2010 other 13286 with respect to the claim for the payment of the construction cost, etc. against the Songdok Construction with the balance of the promissory note payment claim amounting to KRW 534,019,361,00,000. The Defendant was issued a provisional seizure and collection order under the Seoul District Court 2010 other 1,326,436,862 (the construction cost’s share amount from August 25, 2009 to September 20, 2010) with respect to the claim for the construction cost, etc. against the Songdok Construction’s construction cost, and the Defendant was determined as the provisional seizure and collection order against the Seoul High Court 201,59,000,000 won (hereinafter “instant construction cost”).
C. In the case of the distribution procedure B by the Incheon District Court, which was implemented with respect to the above deposit and interest on the deposit, KRW 966,454,213 as the Incheon District Court 2012Hun-4534, and the above auction court shall pay KRW 971,561,481, the amount to be actually distributed excluding the execution cost on June 27, 2013 (hereinafter “instant distribution schedule”), as indicated in the following table, to the creditors’ dividends distribution ratio of KRW 89,371,340,340, 89,371,340, 100,2D14,914, 094, 618, 3418, 305, 2015, 2015, 2016, 2015, 2016, 2015, 2016, 2014.