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(영문) 서울중앙지방법원 2021.01.21 2018가합579943
공탁금 출급청구권 확인
Text

The plaintiff's lawsuit against defendant D and E shall be dismissed respectively.

The plaintiff's rehabilitation debtor B.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a member of the above co-owned body with a share of 10% out of the contract for the instant construction (a contractor: the Korea Railroad Facility Corporation; the contractor: the contractor; the contractor; the H; the H; the I; and the additional total construction amount: KRW 118,55,457,351, which had a share of 10% among the aforementioned contract for the instant construction (a contract for the construction of this case).

2) Defendant D Co., Ltd. (hereinafter “Defendant D”) is a creditor who provisionally attached the claim for construction cost against the Korea Railroad Facility Corporation (hereinafter “instant claim for construction cost”) relating to the instant construction project, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is a creditor who received a seizure and collection order regarding the instant claim for construction cost.

B. The Plaintiff, as the representative recipient of the instant construction project, pre-execution of all the costs necessary for the execution of the construction project as a trustee of the instant construction project, has claimed a share of the cost within each share of the members of the joint body.

B entered into a contract with the Plaintiff on March 10, 2017 to transfer the instant construction cost claim to the Plaintiff (hereinafter “transfer of the instant claim”) with respect to the repayment of the cost contribution owed to the Plaintiff (hereinafter “cost contribution”). The terms and conditions of the contract to transfer the instant claim to the Plaintiff are as follows: (a) (B) transferred all the claims, such as the construction cost claim that the Plaintiff had against C (Korean Railroad Facilities Corporation) in connection with the instant construction project to the Plaintiff; and (b) acquired the instant claim by transfer to B (Plaintiff).

1. Indication 1 of Claim to be Transferred. The full amount of claim for the construction cost to be received by Gap from Byung: the shares of the above contract price A (the whole.

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