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(영문) 인천지방법원 2018.07.25 2017가단245933

공탁금 출급청구권 확인

Text

1. Daesung Construction Co., Ltd., on January 22, 2016, deposited 155,553,460 won by gold No. 471, Seoul Southern District Court in 2016.

Reasons

1. Facts of recognition;

A. The deposit of this case 1) Defendant B (hereinafter “Defendant B”)

Around October 2013, 2013, Daesung Construction Co., Ltd. (hereinafter referred to as “Masung Construction”)

From the point of view, among the new construction works of H apartment units, the soil conditioned installation works were contracted, and the construction cost claim amounting to KRW 155,553,460 (hereinafter “instant claim”).

2) Plaintiff A served on April 14, 2015 on the claim amounting to KRW 24,702,734, which was due to Defendant B and C’s alternative construction, for which the provisional attachment order of KRW 24,702,734 (U.S. District Court 2015Kadan1434) was issued on April 14, 2015. The claim amounting to KRW 45,171,970 (U.S. District Court 2015T. 502010) was served on July 24, 2015 in order to seize and collect the claim amounting to KRW 49,029,151 (U.S. District Court 2015TTTT32508) was served on Large Construction on December 4, 2015.

3) The Plaintiff Hanyang Basic was served on September 10, 2015 on the ground that the provisional attachment order of KRW 58,362,350 (Seoul District Court 2015Kadan5474), which was the claim amount of the Defendant B and the Third Obligor Construction, was served on the Daesung Construction on September 10, 2015.

(hereinafter the name of each corporation is omitted). The claimant based on the written consent for direct payment is the defendant Han Steel Co., Ltd., AT Construction Co., Ltd., Postal Foundation Co., Ltd., E, F, and D.: The defendant Hancheon Steel Co., Ltd., and Leecheon Construction Co., Ltd.: The plaintiffs, the defendant E, F, and G5 large-scale Construction Co., Ltd., Ltd., are doubtful in the validity of several proposals direct payments and the assignment of claims, and it cannot be known that any person is a legitimate creditor, and the provisional seizure, seizure, seizure, and collection order are concurrent in accordance with Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, and Article 248(1) of the Civil Execution Act were combined deposits of KRW 15,53,460 as the Seoul Southern District Court Decision 2016.

(b).