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(영문) 수원지방법원여주지원 2014.09.25 2013가합1197
공탁금출급청구권확인
Text

1. Of the plaintiffs' lawsuit of this case and the plaintiff's counterclaim defendant's lawsuit of this case, the part regarding defendant Leecheon-si is respectively applicable.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. Relevant Plaintiffs, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are respective creditors against Defendant C, and Defendant C are debtors against the above Plaintiffs, etc., who hold the claim for construction price of KRW 508,538,368 against Defendant Leecheon-si (hereinafter “instant claim for construction price”).

B. Current status such as seizure of the Plaintiffs and the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant 1)’s acquisition of claims against each of the Defendant C, respectively, through compulsory execution, including seizure of the instant construction price claim from June 5, 2012 to December 14, 2012. Meanwhile, on December 3, 2012, the Plaintiff (Counterclaim Defendant) acquired KRW 38,080,000, out of the instant construction price claim from the Defendant C (hereinafter “instant assignment of claims”).

received notice of the assignment of claims of this case, and the same month.

5. On the 10th of the same month, the notice of assignment of claims, stating the purport of the assignment of claims of this case, was sent by content-certified mail, and the above notice reached the Defendant Leecheon-cheon.

2) If the status of compulsory execution or credit acquisition by the Plaintiffs, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) were arranged in order of time, the following table (hereinafter “instant table”) shall be deemed as follows.

1) On June 5, 2012, the creditor’s case number and case name claim amount (the same as the delivery date) (the acquisition amount of Plaintiff 1’s claim No. 4,819,980, Suwon District Court’s 2012Kadan700, Jun. 5, 2012, Plaintiff 2, Sung-nam Branch of Suwon District Court, Sung-nam Branch of Seoul District Court 2012Kadan3422, Jun. 27, 2012, the provisional attachment of claim No. 50,160,330, Aug. 16, 2012, Plaintiff 3, Seoul Southern District Court 2012Kadan7680,797,500, the claim amount of the provisional attachment No. 2015,780,500, Jun. 31, 2012, Plaintiff 205, the provisional attachment No. 5305, May 25, 2015>

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