beta
(영문) 광주지방법원 2019.01.16 2017가단528610

공탁금출급청구권확인

Text

1. The amount of KRW 90,329,80 out of KRW 98,320,80 deposited by the Heung-gun District Court of Gwangju on August 8, 2017 by 2017, the amount of KRW 90,329,80.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter, Defendant B) is a corporation that performed the “E Corporation” (hereinafter, “the instant Corporation”) ordered by Jeonnam-do, Jeonnam-do.

B. Defendant B entered into a contract on the transfer of each of the claims as follows with respect to “the claim for the construction cost against Defendant B,” with the Plaintiff and Defendant B, and notified the fact of transferring the claim to the Bank of Heung-gun.

1) The date of assignment of claims, the date of notification of transfer, and the amount: The date of notification of transfer, the date of notification of transfer, the date of notification of transfer, the date of notification of transfer, the date of notification of transfer: Amount: KRW 3,000,00 on December 7, 2016; December 9, 2016; and the date of notification of transfer: December 8, 2016; December 9, 2016; 71,50,000 won: the date of notification of transfer; the amount: the date of notification of transfer: 4: the date of notification of transfer; and the amount: December 20, 2016;

C. Defendant B transferred KRW 36,751,00, out of the instant claim for the construction cost of the instant case to Defendant C, and notified the fact of transferring the assignment to the Bank of Interest and served the notification on December 20, 2016.

Defendant D filed an application for provisional seizure of claims with respect to the instant claim for construction price, with the Gwangju District Court Decision 2016Kadan1544, and the provisional seizure decision was served on December 20, 2016.

The Defendant National Health Insurance Corporation seized the instant claim for the construction cost by using the health insurance fee for Defendant B as the preserved bond, and the notification of seizure was served on January 3, 2017 to the President Heung-gun.

E. Around July 2017, Defendant B claimed the first progress payment for the instant construction project to the Bank of Reconstruction-gun.

On August 8, 2017, Park Ho-gun: (a) calculated the first progress payment amount of KRW 158,240,000 for the instant construction project; (b) KRW 98,320,80 for the instant construction project; (c) the Plaintiff, Defendant B, and Defendant C as the principal deposit; and (d) the Gwangju District Court deposited KRW 98,320,80 for the instant construction project (hereinafter referred to as the “instant deposit”).

F. The Plaintiff: (i) the construction price of KRW 62,207,80 for the Defendant B (i.e., KRW 99,913,00- Labor Cost of KRW 32,705,200) and the total amount of KRW 23,122,00 for the material supply cost of KRW 90,329,80 for the materials supply cost of KRW 23,12,00.