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1. Of KRW 69,442,716 deposited by the Jeonju District Court No. 497 of 2019, Feb. 11, 2019, H Co., Ltd. 7,394,447.
Reasons
1. Facts of recognition;
A. On March 23, 2017, Defendant C Co., Ltd. (hereinafter “C”) was awarded a subcontract for reinforced concrete construction (hereinafter “instant construction”) from H (hereinafter “H”) to the construction cost of the I-si New Construction Project (hereinafter “instant construction”) around 2.86 billion won (including value-added tax).
B. Plaintiff A entered into a contract for the supply of materials with Defendant C at the construction site of this case, and supplied materials equivalent to KRW 51,016,845 from September 14, 2017 to June 18, 2018. ② Plaintiff B entered into a contract for the instant construction project with the Defendant C to transport the goods, and the transport cost of KRW 14,135,000 was incurred until October 31, 2017.
C. On August 8, 2018, the Plaintiffs agreed with H and Defendant C to the effect that “26,829,208 won of the materials for the settlement of the instant construction cost that H shall pay to Defendant C is directly paid to the Plaintiff A until September 15, 2018,” and that “14,135,000 won of the transport cost out of the instant construction cost that H shall pay to Defendant C is directly paid to Plaintiff B by September 15, 2018 (hereinafter “instant direct payment agreement”), and thereafter, Plaintiff A received KRW 2,395,360 from H on August 17, 2018.
Of the instant construction cost claim against Defendant C, ① Defendant D received the provisional seizure order of claim under the Jeonju District Court 2017Kadan2606 regarding KRW 57,770,575, and this decision was served to H on November 24, 2017. The former District Court 2018 Tage8063 issued a seizure and collection order of the above provisional seizure to H on November 15, 2018. This decision was served to Defendant C on H on November 15, 2018. ② Defendant F Co., Ltd. (hereinafter referred to as “F”) received the provisional seizure order of claim under the Suwon District Court 2018Kadan1933 with respect to KRW 18,770,575, and this decision was served to H on August 24, 2018. ③ Defendant F Co., Ltd. (hereinafter referred to as “F”). The provisional seizure order was served to Defendant C’s Republic of Korea on KRW 408,968.86