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(영문) 광주지방법원순천지원 2014.07.02 2014가합407
공탁금출급청구권 확인의 소
Text

1. 31,434. The case construction Co., Ltd. deposited by the Gwangju District Court No. 1995, Oct. 21, 2013 in gold No. 2013.

Reasons

1. Basic facts

A. The Defendant Geumdo Construction Industry Co., Ltd. (hereinafter “Defendant Geumdo Construction Industry”) was awarded a subcontract from the K Site Construction Co., Ltd. (hereinafter “KD Construction”) to “Mando General Ocean Tourist Complex Construction Co., Ltd.” (hereinafter “KD Construction”).

B. Upon the request of the Defendant’s gold Construction Industry, the Plaintiff puts the instant scrap and driver, etc. at the construction site. The Plaintiff received only KRW 25.6 million out of the total amount of KRW 154 million, and did not receive the remainder of KRW 128.4 million.

C. On September 3, 2013, Defendant Gold Construction Industry entered into a contract between the Plaintiff and the Plaintiff for the transfer of KRW 1228,400,000,00 among the construction cost claims for Defendant Gold Construction Industry for the payment of the said equipment costs, and entrusted the Plaintiff with the authority to notify the assignment of claims.

On the same day, the Plaintiff received a fixed date (Seoul District Court No. 3772) from the above bonds transfer registration agreement and sent a seal to the ice Construction by registered mail (delivery Certificate) after attaching the notice of assignment of claims to the account holder, and the said postal item reached the construction on September 4, 2013 following the date.

E. On the other hand, regarding the claim for the construction price of this case against the case construction of the defendant Gold Construction Industry, except the plaintiff, there was a seizure and collection order against the defendant Gap's claim, provisional seizure against each claim of the defendant Eul and C, and disposition on default of net tax office, but detailed status is as follows.

On September 2, 2013, the notice of assignment of claims KRW 128,40,000 as of the date of service of the kind of claims by the creditor, KRW A 110,163,308, Sep. 2, 2013, Defendant B C38,275,200, Sept. 3, 2013, the provisional attachment of claims KRW 35,860,001, Sept. 4, 2013, the provisional attachment of claims KRW 120,807,060, Sept. 23, 2013 (Korea) of the provisional attachment of claims by KRW 120,807,060, Sept. 25, 2013, the construction of the case on Oct. 17, 2013 is impossible for the creditor and seizure.

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