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(영문) 서울동부지방법원 2015.11.26 2015가단114570

공탁금출급청구권 확인청구의 소

Text

1. Between the Plaintiff and the Defendants, Hyundai Steel Co., Ltd. was Seoul Eastern District Court No. 2011No. 626 on February 22, 2011.

Reasons

1. Facts of recognition;

A. From May 20, 2008, Defendant Company supplied facilities to Hyundai Steel Co., Ltd. (hereinafter “Modern steel”) and had attempted bonds worth at least KRW 122,962,400 as of March 31, 2010 (hereinafter “instant bonds”).

B. On March 31, 2010, the Plaintiff and the Defendant Company concluded a contract with the Defendant transferring KRW 122,962,40 among the instant claims to the Plaintiff. On April 1, 2010, the Defendant sent a notice of the said assignment of claims to the Plaintiff by means of a certificate with a fixed date on April 1, 2010, and the notice reached the modern file on April 2, 2010.

C. Defendant Korea Labor Welfare Corporation filed an application for provisional attachment against Defendant Company on the ground that it has a claim for subrogated payment of wages and retirement allowances of KRW 149,122,090 against Defendant Company. This Court accepted the provisional attachment order and rendered a provisional attachment order on October 14, 2010. The original copy of the decision was served on Hyundai Steel on October 18, 2010.

On February 22, 2011, Hyundai Steel deposited KRW 122,962,40,00 in this court as the Plaintiff and the Defendant Company, on the ground that there is a dispute over the validity of the assignment of claims, and that the provisional seizure by Defendant Labor Welfare Corporation and the provisional seizure by wage creditors were concurrent, etc. by Defendant Labor Welfare Corporation, Article 487 of the Civil Act, Articles 248(1) and 291 of the Civil Execution Act, and Article 248(1) of the Civil Execution Act, and Article

(hereinafter referred to as “instant deposit”). (e)

On April 12, 2012, the Defendant Seongdong-gu seized the part equivalent to the above money among the Defendant Company’s right to claim payment of deposit money against the instant deposited money on the ground that the Defendant Company’s resident tax amounting to 253,510 won was delinquent, and notified this Court on April 23, 2012.

F. On June 15, 2012, Defendant Mine-gu seized the part equivalent to the above money among Defendant Company’s right to claim the payment of the instant deposit on the ground that the amount of KRW 1,182,000 for the enforcement of the Building Act by Defendant Company was delinquent.