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1. 25,00 won out of 102,732,50 won deposited by Suwon District Court No. 104 in 2017, Jan. 4, 2017.
Reasons
1. Determination as to the claim against Defendant SPnB Co., Ltd.
(a)as shown in the reasons for the attachment of the claim;
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment of deemed as a confession due to a absence of the defendant);
2. Determination as to the claim against the defendant Dong Gyeong-sung, Inc.
A. The facts of recognition 1) Defendant Korea S&B Co., Ltd. (hereinafter “Defendant Korea S&BB”), and the name of each company is omitted.
(2) On May 20, 2016, the Plaintiff supplied Defendant SPnB with goods (on the first half, etc.) to perform the said construction work. Meanwhile, Defendant SPnB supplied the goods (on the second half, etc.) to Defendant LWnB for the payment of goods to the Plaintiff. Defendant SPnB transferred KRW 25,000,000, out of the construction cost claim 108,130,000, which was owned by Ln industry (hereinafter “instant assignment of claims”) to the Plaintiff for the payment of goods to the Plaintiff (hereinafter “instant assignment of claims”), and on May 20, 2016, notified LnW industry of the said assignment of claims.
3) According to the provisions of Article 248(1) of the Civil Execution Act and the latter part of Article 487 of the Civil Act on the ground that the notification of the transfer of claims and the seizure and collection order competes with several cases, the L&C industry: Defendant S&A, the assignee of claims, the Plaintiff, C, D, E, F, G companies, H, and I, the assignee of claims, who is the transferor of claims; and the balance of KRW 102,723,500, which remains after deducting the defective bond amount of KRW 5,406,50, out of the construction cost payable to Defendant S&C (hereinafter “instant deposit”).
(4) The particulars of the assignment of claims and the seizure and collection order stated in the above deposit certificate are as listed in the following table.
On May 23, 2016, 2016, May 23, 2016, 2016, the date of delivery of the Plaintiff’s assignment of claims 25,000,000,000 of the Plaintiff’s assignment of claims 1 to the original industry (the date on which the Plaintiff’s assignment of claims 28,000,000,000,000 of the F Company’s assignment of claims 35,90,000,000 on May 23, 2016.