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(영문) 춘천지방법원 원주지원 2021.01.15 2020가단512
공탁금출급청구권확인
Text

1. K Co., Ltd.: 4,655 won out of 482,508,569 won deposited by the Seoul Central District Court No. 19355 on September 11, 2017.

Reasons

1. Facts of recognition;

A. On March 28, 2016, K Co., Ltd. (hereinafter “K”) entered into a construction contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) and L Co., Ltd. with respect to the construction for the construction of Hanwon-gun M Co., Ltd. (hereinafter “instant construction”) with the construction period from April 6, 2016 to June 5, 2017, with respect to the construction for the construction for the construction of Hanwon-gun M Co., Ltd. (hereinafter “instant construction”). (b) the Plaintiff was the Defendant C’s debt, and the K Co., Ltd was determined to provisionally seize the claim for the instant construction payment as the third debt.

N and O Co., Ltd., P, Q, R, and S filed a claim for direct payment of subcontract price under Article 14(1) of the Fair Transactions in Subcontracting Act with the subcontractor for some of the instant construction works from Defendant C, respectively.

On the other hand, C Co., Ltd. (hereinafter “T”) received the claim of KRW 285,80,000 from the claim of construction price of this case held by Defendant C against K, and notified K of the transfer of the claim. The remaining Defendants except Defendant C were Defendant C as the obligor, and K as the third obligor, respectively, decided provisional attachment of the claim of construction price of this case.

The date on which the request for direct payment of the subcontract consideration, the notice of transfer of claims on which T is fixed, and the notice of provisional seizure of claims are served, respectively, shall be as follows:

No. 1 T 285,80,000 of the date of service of the kinds of creditors' claims (wons) 1 T 285,80,000 subcontract consideration on July 3, 2017, the notice of transfer of claims is directly demanded on July 3, 2017, P 51,700,000 P 265,80,000 July 3, 2017, T 265,800, July 5, 2017, P 94,700,000 on July 5, 2017, Q 49,980,00 on July 6, 2017, 200, R 261,870,70 on July 5, 2017, G 200, 870,007, Jul. 5, 2017;

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