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(영문) 서울중앙지방법원 2014.07.17 2012가단168122
공탁금출급청구권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2010, a school foundation and a mental education institute (hereinafter “mental education institute”) concluded a construction contract with Defendant LLart Public Co., Ltd. (hereinafter “ELLart Public”) on a contract for the construction of a meal room and a student restaurant (hereinafter “instant construction”).

B. Since then, Defendant Liart public subcontracted each of the instant construction works to subcontractors, including Plaintiff and Defendant Liart Development, Defendant Liart Co., Ltd., Mai T&W, Mietex Co., Ltd., Switzerland Co., Ltd., Switzerland Inc., Switzerland, Dae Young elevator Co., Ltd., Maho Li Co., Ltd., Ltd., Gai Heavy Design Co., Ltd., Ltd., and Dajin Skdong Co., Ltd. (hereinafter “contractors such as Plaintiff, etc.”).

C. On January 27, 2011, in order to preserve the claim amounting to KRW 63,602,129 against Defendant LIE co-ownership, Defendant Dongdong Steel Co., Ltd. seized the instant claim for the construction cost against Defendant LIE’s mental health institute (hereinafter “instant claim”). The said provisional attachment decision was served on February 1, 201 on the KIE, and Defendant A seized the instant claim amounting to KRW 7,200,000 to preserve the claim amounting to KRW 7.2 million against Defendant LIE co-ownership on May 23, 201, and the said provisional attachment decision was served on the KIE on May 26, 2011.

Since then, in accordance with Article 35(2) of the Framework Act on the Construction Industry on June 10, 201, both the Plaintiff and the Defendant LIE co-inheritors, among the subcontractors including the Plaintiff, the Defendant LIE Development Co., Ltd., the Defendant Sung LIC Co., Ltd., the Defendant MIP Co., Ltd., the Defendant MIC Co., Ltd., the Switzerlandex Co., Ltd., the Switzerland Inc., the Defendant CIE, the Dae Young elevator Co., Ltd., the Defendant CIE Co., Ltd., the Defendant et al., on June 15, 201.

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