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Reasons
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(영문) 수원지방법원안양지원 2020.02.21 2019가단108068
공탁금 출급청구권 확인
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1. Between the Plaintiffs and the Defendants, Nonparty E Co., Ltd. was the Incheon District Court No. 4263 of April 30, 2019.

Reasons

1. Facts of recognition;

A. From January 2, 2014 to October 1, 2014, Plaintiff A served respectively in G from October 1, 2014 to May 31, 2017, to Non-Party G Co., Ltd. (hereinafter “G”), and Plaintiff B from October 1, 2013 to December 1, 2015, to Non-Party G from October 31, 2018.

B. On July 12, 2017, G entered into a gold supply contract with Nonparty E Co., Ltd. (hereinafter “E”) with the content that it would produce and supply HOUING ASYY 7 sets at KRW 145,000,000, and produced and supplied it to E around November 18, 2017, and was not paid KRW 55,000,000 out of the said payment (hereinafter “paid gold payment claim”).

C. Around March 2018, H with actual operation of F and G settled the unpaid retirement allowances of KRW 9,550,00 with Plaintiff A, KRW 14,793,00 (including unpaid retirement allowances of KRW 4,931,00, Jul. 7, 2015) between Plaintiff B and Plaintiff B, and the unpaid retirement allowances of KRW 34,60,000 (including KRW 14,793,000, KRW 19,875,000, KRW 19,875,000).

G on March 23, 2018, KRW 9,550,00,00, among the gold-type claims unpaid to GIST, is transferred to Plaintiff A, 34,660,000 to Plaintiff B, and on the same day, notified E of the fact of the assignment of the above contents by content-certified mail. The notice of the assignment of the claims was served to E on March 26, 2018.

E. On March 27, 2018, Defendant C received a seizure and collection order as to KRW 141,39,305, out of the amount of penalty payment claim not paid to G as the Suwon District Court Branch Decision 2018TT 2018TT 102673. The seizure and collection order was served on E on April 2, 2018.

F. On April 23, 2018, Defendant D Co., Ltd. received a seizure and collection order in relation to KRW 23,000,000, out of the amount of penalty payment claim unpaid to G, as the Suwon District Court Branch Branch 2018TT 103788. The seizure and collection order was served on E on April 26, 2018.

G. Defendant C is on July 2018.

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