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(영문) 서울중앙지방법원 2020.11.12 2020가단5107615

공탁금 출급청구권 확인

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1. In relation to the Plaintiff and the Defendants, the Incorporated Foundation I shall make the deposited person as the Plaintiff or Defendant B corporation.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

[Ground of recognition] Defendant G: Each description of Gap evidence Nos. 1 through 9 (including each number), and the remainder of the defendants' body before oral argument: Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination

A. In cases where an ordering person, the prime contractor, and the subcontractor agree to pay the subcontract price directly to the subcontractor pursuant to Article 14(1) and (2) of the Fair Transactions in Subcontracting Act, a subcontractor’s right to claim direct payment has occurred, and the obligation to pay to the prime contractor by the ordering person is extinguished within the scope of the subcontract price, the principal contractor’s right to claim direct payment shall be transferred to the subcontractor without maintaining the identity thereof (see, e.g., Supreme Court Decision 2012Da85267, Dec. 24, 2014).

According to the above facts, the claim for payment of KRW 28,966,764 out of the deposited money of this case shall be deemed to be the plaintiff, and the defendant G is dissatisfied with this claim, and the remaining defendants are joint depositors or creditors who seized or provisionally attached the above claim, there is a benefit to seek confirmation against the defendants that the claim for payment of payment of KRW 28,96,764 out of the deposited money of this case is the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.