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(영문) 서울서부지방법원 2015.03.12 2014가단6407

공탁금출급청구권확인

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1. The part of the instant lawsuit against Defendant C and D shall be dismissed.

2. Plaintiff (Appointed Party) Co., Ltd. and Appendix A.

Reasons

1. Basic facts

A. Samsung C&T Co., Ltd. (hereinafter “T&T”) was awarded a contract for stone construction for the extension of Suwon-si, Suwon-si, Suwon-si, Sungwon-si, Sungwon-si, the Natural Science Campus, and Defendant B Co., Ltd. (hereinafter “Defendant B”) accepted the said construction from Samsung C&T on August 22, 2012. There was a special agreement between Samsung C&T and Defendant B on the prohibition of transfer of the claim for construction price.

B. Around February 2013, Defendant G, E, and F accused Defendant B’s representative director M of Defendant B as wages in arrears to the Central Employment and Labor Agency, and around that time, Defendant B, etc. was unable to repay the obligees’ obligations due to business deterioration.

C. On April 15, 2013, Defendant C, Defendant D, and Nonparty N, P, P, Q, or Mine Development Co., Ltd. (hereinafter “N, etc.”) concluded a contract for the transfer of the claim for construction cost with respect to Samsung Heavy Industries. Under the above contract, Defendant C entered into a contract for the transfer of the claim for construction cost with Defendant C, Defendant D, and Nonparty D, as well as Defendant D, and Defendant D, as KRW 16,23,700 (N1,00,000, KRW 4,000,000, KRW 8,300,000, KRW 326,000,000, KRW 370,000, KRW 326,000, KRW 370,000, KRW 4,000, KRW 8,300, KRW 300,000, KRW 326,70,000, KRW 370,000).

Defendant E, Defendant F, and Defendant G seized against Defendant B with Seoul Southern District Court 2013Kadan4002 (Seoul Southern District Court 201,320 won, Defendant F3,289,391 won, Defendant G3,795,452 won, and the provisional attachment order was served on Samsung C on May 16, 2013. The provisional attachment order was served on May 16, 2013. The attachment and collection order (Seoul Southern District Court 2013TTTTT23451) were served on Samsung C&T on November 22, 2013.

E. Defendant H, I, J, and K are Defendant H.