공탁물 출급 청구권 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence No. 2 (including paper numbers):
The New Daily Business Co., Ltd. (hereinafter “New Daily Business”) awarded a contract for the construction of housing site in Mapo-gu Seoul and the construction of housing sites and apartment complexes with EP from EP to the Defendant, and awarded a subcontract for the installation of machinery and equipment and fire fighting works among them (hereinafter “instant construction”). The instant construction cost is KRW 5,52,600,000, and KRW 2,894,400,000,000.
B. Around April 2009, the new business entered into a direct payment agreement between the Defendant and EP and EP to pay the instant construction cost directly to EP to the Defendant.
C. Meanwhile, as to the Defendant’s claim for the instant construction price in relation to SP in relation to KRW 4,50,000,000,000 in Suwon District Court Branch Branch 2010 Taz. 6496, and KRW 3,500,000 in support as to KRW 2010 Taz. 10575, the Defendant’s claim for each assignment order was issued on June 7, 2010 and August 24, 2010, and the Defendant’s claim for each assignment order was transferred to SPP and notified to SPP on April 8, 201.
Since then, the defendant transferred part of the claim for the construction price of this case to Jinchi Facilities Co., Ltd., C, Lone Star Co., Ltd., Ltd., D, E, and F, respectively, and notified E&D respectively.
E. E. E.S. deposited KRW 343,935,555, as stated in the purport of the claim, on the ground that it is not possible to identify who is the creditor of the instant obligation for the construction cost of this case.
F. The new rehabilitation procedure on November 13, 2012, after filing an application for commencing rehabilitation procedures with the Seoul Central District Court 2012 Gohap220.