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(영문) 서울남부지방법원 2016.11.08 2016가단207816
공탁금출급청구권확인 청구의 소
Text

1. On January 2, 2012, Gyeonggi-do as well as the other Defendants except the Plaintiffs and Defendant NNH Securities Co., Ltd.

Reasons

1. Facts of recognition;

A. The Taewon Co., Ltd. (hereinafter “Seowon Co., Ltd”) entered into a full-liability supervision service contract for road package works between Gyeonggi-do and Gyeonggi-do (hereinafter “instant service contract”) and provided supervision services from March 2, 2005 to January 21, 2012, and had a claim amounting to KRW 214,000,000 as a result of the service contract.

B. Defendant Peace Engineering Co., Ltd. had a claim against Taewon Co., Ltd., but, as indicated below, received the decision of provisional seizure of the claim by designating the debtor, Taewoncoa and the third debtor as Gyeonggi-do as the obligor indicated below.

The amount claimed as of the date of service such as the provisional attachment order of creditors (case number) shall be the sum of 19 persons, including Defendant E, etc., the 2010Kadan100970 on December 13, 2010, the 2010Kadan87734, the Seoul Central District Court 2010Kadan87734 on December 8, 2010 on the provisional attachment order of claims against the Defendant Han Savings Bank, the Seoul Central District Court 2010Kadan87734 on December 13, 2010.

C. On November 10, 2010, Taewon C made a statement of direct payment that “I agree to pay benefits and other money and valuables at each supervision site due to the aggravation of company’s management” (hereinafter “instant direct payment consent”) and a written confirmation of overdue payment (Plaintiff A’s KRW 23,092,960, Plaintiff B’s KRW 7,830,518, Plaintiff C’s KRW 18,074,031, and Defendant D’s KRW 5,213,725) on the same day.

On March 20, 2009, Taewon Investment Securities Co., Ltd. (Korean Investment Securities Co., Ltd. prior to the merger) and Taewon Investment Co., Ltd. in accordance with the instant service agreement.

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