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(영문) 서울중앙지방법원 2020.10.13 2020가단5059303

공탁금출급청구권 확인

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The Seongbuk-gu Seoul Metropolitan Government part of the lawsuit of this case shall be dismissed.

2. The Seongbuk-gu Seoul Metropolitan Government;

Reasons

1. Basic facts

A. (1) The defendant Seongbuk-gu has contracted the "K Corporation" to the defendant C Co., Ltd. (hereinafter referred to as the "C") for the contract amount of KRW 600,277,00 (which shall be changed to KRW 647,30,000). The defendant C subcontracted the facility construction among them to the defendant C Co., Ltd. (including labor cost of KRW 96,196,128) (hereinafter referred to as the "D").

(2) On May 22, 2019, the defendant Seongbuk-gu, C, and D agreed to pay the above subcontract price directly to the defendant D (hereinafter “the first agreement”), and agreed to the same contents as the subcontract price changed around November 29, 2019 (including labor cost of KRW 180,219,956).

(hereinafter referred to as “instant second agreement”). B.

(A) After the first agreement of this case, Defendant E Co., Ltd. (hereinafter “E”) received a claim amounting to KRW 33,896,922 against Defendant C’s claim for the part other than the labor cost out of the above claim for the construction cost against Defendant Seongbuk-gu, Seongbuk-gu (hereinafter “instant claim for the construction cost”). This is served on October 25, 2019 in Seongbuk-gu, and it became final and conclusive on November 7, 2019. < Amended by Presidential Decree No. 23578, Oct. 25, 2019; Presidential Decree No. 24279, Nov. 7, 2019>

(Seoul Central District Court 2019TTTT120724). (B) Afterward, the Plaintiff also received an order of seizure and assignment of the claim amount as KRW 167,338,663 on the claim amount for the construction cost of this case, which was served on November 11, 2019 in Seongbuk-gu and became final and conclusive on November 30, 2019.

(Seoul Central District Court 2019TTTTT 22361 (C) and thereafter, Defendant F Co., Ltd. (hereinafter “F”) received the provisional seizure order on the instant claim for construction price, which was served on November 15, 2019 in Seongbuk-gu (Seoul District Court 2019Kadan52716), and Defendant H Co., Ltd (hereinafter “H”) received the provisional seizure order on the instant claim for construction price.