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(영문) 서울남부지방법원 2020.07.15 2019가단262821
공탁금출급권자확인의 소
Text

1. On July 29, 2019, Nonparty J deposited as the deposit official of the Seoul Southern District Court in gold 3146 in 2019.

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “Bankruptcy Debtor”) is a company that carries out the construction business of hardware, etc., and was declared bankrupt by the Seoul Rehabilitation Court on November 23, 2018 (hereinafter “Seoul Rehabilitation Court”) and the Defendant was appointed as a trustee in bankruptcy.

B. On November 30, 2017, J Co., Ltd. (hereinafter “J”) contracted to the debtor for bankruptcy the “J” construction of the steel frame, metal, and steel stevery construction (hereinafter “instant construction”).

The bankrupt debtor subcontracted part of the instant construction work to Plaintiff A, who is engaged in the steel structure installation business with the trade name of “L”, and Plaintiff E, who is engaged in metal hold construction business, Plaintiff G, and Plaintiff F, who is engaged in the business of manufacturing metal holdrs, and Plaintiff G, and Plaintiff F, who are engaged in the business of mutual advantage of “M”.

Plaintiff

B engages in a special cargo transportation business under the trade name of N, and leased transportation equipment related to the construction site of this case to the bankrupt debtor, and the plaintiff C operated a cafeteria on the construction site.

The plaintiffs have a claim against the bankrupt debtor in excess of the deposit amount for each plaintiff in attached Form.

C. On October 22, 2018, prior to the declaration of bankruptcy, the bankruptcy debtor sent to J a written statement (Evidence A 6) stating that the debtor’s subcontractor, including the plaintiffs, directly pays the unpaid construction cost of KRW 243,750,000 due to the instant construction to the subcontractor, etc.

The above document is accompanied by a written statement of direct refusal in the name of the representative director of the debtor for bankruptcy.

The Plaintiffs sought direct payment of the subcontract price, etc. related to the instant construction work to J as follows.

① Plaintiff A: Dispatched content-certified mail claiming KRW 20 million on April 16, 2019. ② Plaintiff B: Request for a payment order claiming KRW 1,4960,000 on July 31, 2019. Service of the original payment order ③ Service of the original payment order on August 12, 2019. Plaintiff C: Not seek direct payment before the instant lawsuit is filed. ④ Plaintiff C: Inasmuch as it does not seek direct payment before the instant lawsuit is filed.

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