공탁금 출급청구권 확인
1. On November 7, 2017, J Co., Ltd. deposited 89,026,300 won by the Daegu District Court Kim Jong-cheon, 2017, gold No. 11116.
1. Claim against Defendant B, C, D, E, F, and G
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. The Plaintiff entered into a subcontract contract with Defendant A Co., Ltd. (hereinafter “Defendant B”). Accordingly, from November 30, 2016 to June 30, 2017, the Plaintiff incurred KRW 687,660,600 against Defendant B, and Defendant B did not pay the remainder to the Plaintiff, which was KRW 202,969,000, out of the above bonds.
On August 16, 2017, Defendant B transferred KRW 471,722,600, out of the payment-related claims owed by Defendant B to Defendant B Co., Ltd. J (hereinafter “Nonindicted Company”) to the Plaintiff (hereinafter “instant assignment of claims”). On August 17, 2017, Defendant B notified Nonparty Company of the assignment of claims in writing with a certified fixed date, and the notification reached the Nonparty Company on August 18, 2017.
Defendant H received the claim attachment and collection order of KRW 255,169,200, among the claims against Defendant B against Nonparty Company, from the Daegu District Court Kimcheon-si 2017TTTT 3325. The above decision was served on the Nonparty Company on October 11, 2017. Defendant I Co., Ltd received the provisional seizure order of KRW 225,60,000, out of the claims against Defendant B’s non-party company’s non-party company, as the 225,60,000, from among the claims against Defendant A, as the 2017Kadan2399, the above decision was served on the non-party company on November 3, 2017.
The non-party company was liable for the construction cost of KRW 89,026,300 against Defendant B. However, on November 7, 2017, the non-party company deposited KRW 89,026,300 on the ground that the assignment of claims to the Plaintiff by Defendant B and the seizure of claims by Defendant H et al. were concurrent and there is doubt as to whether the claims were lawfully transferred, pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act.
hereinafter referred to as "the case."