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(영문) 수원지방법원 2015.12.10 2015가합67102

공탁금 출급청구권 확인의 소

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1. On July 27, 2015, the Republic of Korea District Court Decision 7245 dated 2015 (Seoul District Court Decision 2015, the Plaintiff and the Defendant.

Reasons

The Plaintiff and the Defendant agreed to make joint investments in the purchase and sale of commercial buildings in the reconstruction apartment complex on the ground of B and six parcels, which were promoted by C, and concluded an investment contract with C as the representative of the Defendant on September 21, 2007. The F guaranteed C’s performance of obligations under the said investment contract.

After that, the plaintiff and the defendant filed a lawsuit against F, such as damages, and concluded a delegation contract with the law firm South Korea with the law firm South and concluded a delegation contract, and the conciliation was concluded by the Seoul High Court 2014Na2014946 in the above case.

Accordingly, on July 8, 2015, F has deposited the adjusted amount of KRW 300 million in the account in the name of another law firm account in total of KRW 314,808,219, and KRW 314,808,219.

On July 8, 2015, the Defendant rejected the Plaintiff’s signature and seal on the written consent of the same content despite having given verbal consent to the Plaintiff to receive the entire amount of the said money. However, on July 27, 2015, the remaining name of the law firm was deposited with the Plaintiff and the Defendant as KRW 284,302,089 (hereinafter “instant deposit money”) calculated by deducting the cost of attorney’s fees under the attorney’s fee agreement from the said money, as KRW 7245 in Suwon District Court Decision 2015.

Therefore, since the defendant agreed to receive the above money paid by FF to South Korea Law Firm, the plaintiff is entitled to claim a payment of the deposit of this case, which is a part of the plaintiff, and as long as the defendant is dissatisfied with this, the plaintiff has a benefit to seek confirmation.

[Inasmuch as the Defendant did not submit a written answer within 30 days from the date on which he was served with the complaint and did not appear at the date of pleading, it shall be deemed that the facts constituting the cause of the claim under the main sentence of Article 150(3) and Article 150(1) of the Civil Procedure Act have been led to confession, and only the matters necessary to specify the claim pursuant to Article 20