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(영문) 부산지방법원동부지원 2020.08.19 2020가합102746

공탁금 출급청구권 확인

Text

1. C Co., Ltd.: (a) deposited by the Busan District Court No. 4461 in April 14, 2020; (b) 55,717,814 won; and (c) the same shall apply.

Reasons

1. Determination as to the cause of claim

A. The facts alleged by the Plaintiff as the cause of the claim can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1 through 3.

B. According to the above facts, C Co., Ltd.'s claim for payment of each deposit of KRW 163,680,576 deposited by the Busan District Court No. 4461 in April 14, 2020, KRW 55,717,814 in Busan District Court Decision 2020, and KRW 4462 in 2020, and KRW 163,680,576 in the same court is against the Plaintiff. As long as the Defendant contests this, the Plaintiff has a benefit to seek confirmation.

2. Judgment on the defendant's assertion

A. As to this, the Defendant asserted that the construction cost claimed by the Plaintiff cannot be recognized.

B. On November 27, 2019, the Plaintiff filed a lawsuit against the Defendant with Busan District Court Decision 2018Gahap46458, and rendered a favorable judgment with the effect that “The Defendant shall jointly and severally pay to the Plaintiff KRW 1,310,829,084 and KRW 1,004,813,150 per annum from January 16, 2019 to the date of full payment” that “the Defendant shall pay to the Defendant 1,310,829,084 won and KRW 1,04,813,150 per annum.” The above judgment becomes final and conclusive on January 22, 2020.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.