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(영문) 창원지방법원 2020.05.12 2017가단117759

공탁금 출급청구권 확인

Text

1. On October 13, 2017, 152,215,360 won deposited by 152,215,360 won by the Daegu District Court Kimcheon-gu, 2017.

Reasons

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 construction contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), and accordingly, the Plaintiff incurred KRW 687,660,600 against Defendant B from November 30, 2016 to June 30, 2017. Defendant B paid KRW 202,969,000 to the Plaintiff out of the above bonds, and did not pay the remainder to the Plaintiff.

On August 16, 2017, Defendant B transferred KRW 471,722,600 to the Plaintiff, Defendant B (hereinafter “Nonindicted Company”) out of the payment-related claims owed to Defendant B’s original place of business (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 H against Nonparty Company B, from the Daegu District Court Kimcheon-gu 2017TTT 3325. The above decision was served on the Nonparty Company on October 11, 2017.

The non-party company had the obligation to pay the construction cost of KRW 152,215,360 against Defendant B. However, on October 13, 2017, the non-party company deposited KRW 152,215,360 by designating the Plaintiff and Defendant B as the principal deposit pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act on the grounds that the assignment of claims to Defendant B and the seizure of claims by Defendant H et al. were concurrent and there is doubt as to whether the claims were legally transferred.

(hereinafter referred to as “instant deposit”). [The ground for recognition] The fact that there is no dispute, each entry of Gap 2 through 8 (including each number; hereinafter the same shall apply), and the fact of recognition as to the purport of the whole pleadings, the notification of assignment of claims by the plaintiff’s certificate with a fixed date is the defendant.