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(영문) 수원지방법원안양지원 2017.09.22 2016가단7591

공탁금출급청구권확인

Text

1. 20 million won, which was deposited by the light industry as Seoul Central District Court No. 28830 in 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a contract for manufacturing and installing products with Defendant ABP (hereinafter “Defendant ABP”) on the design works awarded by Defendant ABP (hereinafter “Defendant ABP”) and carried out construction works from February 20, 2014. As of February 2, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) did not receive construction costs equivalent to KRW 74,746,000.

B. As such, on March 13, 2015, the Plaintiff and Defendant ABP franchise confirmed that the Plaintiff was not paid the construction cost of KRW 50 million from Defendant ABP, and Defendant ABP entered into a claim transfer contract with the effect that the Plaintiff would transfer the claim for the construction cost (hereinafter “instant claim”) to the Plaintiff (hereinafter “instant claim transfer contract”), and that the said assignment of claim reaches the light industry on March 16, 2015.

C. The Defendant (Counterclaim Plaintiff) (hereinafter “Defendant New Zealand”) supplied steel products to Defendant Abrop et al. from 2013 to February 17, 2015, and was not paid KRW 46,065,767 as the goods price was not paid from April 17, 2015, the Seoul Central District Court 2015Kadan3642, which was issued a provisional attachment order on the instant claims, and the said order was served on the light industry on April 20, 2015.

On the other hand, on March 6, 2015, Defendant Lienchi received a provisional seizure order on the claim amounting to KRW 36,134,450, which the light industry had held against Daewoo Construction Co., Ltd. with the claim amounting to the claim amount of this case as Seoul Central District Court Decision 2015Kadan33654 on March 6, 2015. The Plaintiff and Defendant Lienchi agreed to jointly proceed with the principal lawsuit on the provisional seizure while entering into the instant assignment contract, and the Seoul Central District Court, the principal lawsuit.