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(영문) 수원지방법원안양지원 2016.11.30 2016가단4547
공탁금출급청구권자확인
Text

The plaintiff (appointed party)'s lawsuit against the defendant's Republic of Korea shall be dismissed.

Sung-dae Engineering Co., Ltd.

Reasons

The premise facts are as follows with respect to the claim for the shop design cost of the construction work of the State-funded local highway 60 lines (Mel or Yangsan), in relation to the "State-funded local highway 60 lines" (hereinafter referred to as the "design cost claim of this case") of the defendant Il-il Engineering Co., Ltd. (hereinafter referred to as the "Co., Ltd."), the assignment and seizure was conducted as follows:

① The Defendant-I-I-I-I-I-U.S. Engineering transferred the amount including the value-added tax in KRW 29,390,00,00, out of the instant design price bonds to the selector.

On April 4, 2014, the debtor's M&C has received the notice of assignment of claims by the content-certified mail.

② Defendant Republic of Korea seized KRW 5,955,580, out of the design price bonds of this case, according to the disposition of arrears against Defendant Republic of Korea, a single-class engineering company.

A notice of attachment was issued on April 16, 2014.

③ The Appointor assigned to the Plaintiff (Appointed; hereinafter referred to as the “Plaintiff”) the amount including the value added tax to KRW 14,965,00 out of the instant design price claim.

On June 24, 2014, the debtor's LABC received the notice of assignment by the content-certified mail.

On May 14, 2015, the KCAB deposited KRW 24,670,00 of the amount of debt by stating the depositor as “the creditor in the notice of the transfer of credit to the person who has selected the KCAB, is questionable about the validity of the transfer of credit,” and later, it is difficult to understand the true creditor by receiving the seizure notice from the State,” and making it difficult to understand the creditor.”

[Ground of recognition] The plaintiff's assertion in the absence of dispute, Gap 1-3 evidence, and the purport of the whole pleadings shall belong to the plaintiff's claim.

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