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(영문) 서울중앙지방법원 2021.03.26 2020가합551993
공탁금 출급청구권 확인
Text

1. Korea is about 1,073,449,630 won deposited by the Seoul Central District Court No. 24770 of gold 2019 on October 2, 2019.

Reasons

1. Determination as to the cause of claim

A. On November 6, 2018, C Co., Ltd. entered into a goods supply contract with the Republic of Korea (the head of Seoul Regional Procurement Office, the head of Seoul Regional Government Procurement Office, D) to supply KRW 17,00 of office PC 13,596,90,000 (hereinafter “the instant procurement contract”). On December 28, 2018, in order to implement the instant procurement contract, C Co., Ltd entered into a goods supply contract with the supply of KRW 1,770,879,00 for computer-related products, such as Win 106B, from E Co., Ltd., to supply the purchase price at KRW 1,770,879,00 for the purpose of implementing the instant procurement contract. On December 28, 2018, E Co. supplied all the aforementioned goods.

2) On January 30, 2019, C Co., Ltd.: (a) concluded a contract for the transfer of bonds that are to be paid pursuant to the PC purchase agreement (contract number: F) on November 6, 2018, upon the failure to pay the above goods; (b) on November 6, 2018, C Co., Ltd., Ltd., (a) delegated the authority to notify the Seoul Regional Public Procurement Service and D, a procuring entity, of the transfer of the above bonds to E; and (c) waived the instant procurement contract on February 11, 2019 due to the shortage of funds.

3) On February 11, 2019, upon delegation of the notice of assignment of the above bonds, E Co., Ltd. entered into a bonds transfer contract with the head of Seoul Local Government Procurement Office with respect to the purchase price of goods held in relation to D PC 2018 (contract number: F) and notified the fact of the transfer of the above bonds by proving the contents of the contract at the fixed date. The above notice reached the same date, and the Defendant also received the claim for the purchase price of the instant procurement contract against Korea from C, and notified the transfer of the bonds on March 6, 2019.

4) On May 24, 2019, C was declared bankrupt on May 24, 2019 by the Seoul bankruptcy court as 2019Hamba 100193, and Korea, on October 2, 2019, as the Seoul Central District Court No. 2470 on October 2, 2019, the bankruptcy administrator of E, Defendant, and C, as the trust administrator.

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