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(영문) 부산지방법원동부지원 2020.07.16 2019가합107493

공탁금 출급청구권 확인

Text

1. Changwon-si deposited by the Changwon District Court No. 2171 on July 23, 2019 660,558,000 won.

Reasons

1. Facts of recognition;

A. The Plaintiff, jointly with Defendant B Co., Ltd. (hereinafter “Defendant B”) and E Co., Ltd., received the F construction cost of KRW 23,249,600,000 from the Changwon-si (hereinafter “Defendant Changwon-si”) and continued the said construction work.

B. Around December 2018, Defendant B transferred to the Plaintiff the claim for the construction cost regarding the above construction work against Defendant B’s Changwon-si (hereinafter “instant claim for the construction cost”). On the 26th of the same month, Defendant B notified Nonparty C of the transfer of the said claim by a certified document with a fixed date, and notified Nonparty C of the transfer of the said claim to the original city on the 27th of the same month. Nonparty B sent notice to the Plaintiff and Defendant B around the 28th of the same month on the condition that “the transfer of the said claim may deposit all or part of the amount approved as the third debtor at the time of delivery of the attachment and collection order after the approval of transfer.”

C. As to the instant claim for the construction price against Defendant B, Defendant C received a provisional attachment order with the Busan District Court Branch Branch of 2019Kadan553, Apr. 23, 2019, with the claim claim amounting to KRW 100,000,000 as the claim amount, and Defendant C received the provisional attachment order with the original claim amounting to KRW 21,430,000 as the claim amount under the Changwon District Court Decision 2019Kadan1322, Changwon District Court Decision 2019Kadan132, Defendant D received the provisional attachment order with the claim amounting to KRW 21,430,00 as the claim amount, and the original copy was reached to Nonparty Chang Changwon-si around the 24th of the same month. The original mayor notified the claim amount of KRW 11,199,670 as of July 3, 209, and the same notification was sent to Defendant B to the Defendant National Health Insurance Corporation on July 29, 2019, respectively.

The non-party Changwon-si, on July 23, 2019, is against Defendant B as Changwon District Court No. 2171 in 2019.