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(영문) 대전지방법원서산지원 2014.12.12 2014가단7102
공탁금출급청구권확인
Text

1. On July 22, 2014, the non-party Samsung C&T Co., Ltd deposited by the Seoul Southern District Court No. 3927, 27,729.

Reasons

1. Facts of recognition;

A. On March 24, 2014, the Plaintiff entered into a contract with Defendant Samsung Construction Co., Ltd. (hereinafter referred to as “Defendant Samsung Construction”) with the purport of acquiring the claim for construction cost of KRW 70,000,000 among the claim for construction cost against Nonparty Samsung C&T Co., Ltd. (hereinafter “instant claim”) (hereinafter referred to as “instant claim”), and Defendant C&T construction notified the purport on June 11, 2014 to the Samsung C&T, and the said notification reached the Samsung C&T.

B. Upon receipt of the provisional attachment order on the instant claims by the Seoul Northern District Court 2014Kadan2579, Defendant A, which included the claim amount of KRW 15,015,00,000, Defendant C reached Samsung C&T on May 29, 2014.

Since June 17, 2014, Defendant A submitted an application for cancellation of enforcement on June 17, 2014, and the notice of cancellation reached Samsung C&T on June 23, 2014.

C. Defendant Hyundai CM received the claim amount against Defendant Samsung Construction as KRW 6,036,980, and received the claim amount and collection order for the instant claim from Seoul Southern District Court 2014TTTT10979, and reached Samsung C&T on June 13, 2014.

Defendant B received the provisional attachment order as to the instant claim from the Daejeon District Court 22,000,000 won, which was issued by the Daejeon District Court 2014Kadan344, and reached Samsung C&T on June 18, 2014.

E. Both Defendant Co., Ltd.’s charges amounted to KRW 23,824,00,000 against Defendant Sudro Construction, upon receipt of the provisional attachment order on the instant claims by Sungwon District Court Sung-nam Branching 2014Kadan2002, the said decision reached Samsung C&T on June 20, 2014.

F. On June 19, 2014, Defendant C received a seizure and collection order as to the instant claim under the Seoul Southern District Court 2014TTTT1784, and reached Samsung C&T on June 24, 2014, with the claim amounting to KRW 115,198,524.

(g) the defendant.

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