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(영문) 수원지방법원성남지원 2016.01.22 2015가합204393
공탁금출급청구권 확인의 소
Text

1. Samsung Engineering Co., Ltd. deposited by the Seoul Central District Court No. 25999 on December 13, 2013, 850,003.

Reasons

1. The plaintiffs' claims

A. Eswevero corporation (hereinafter “Esweve”) entered into a contract with Samsung Engineering Co., Ltd. (hereinafter “Tsung Engineering”) for the construction of the Uzbekistan Gas Terminal Facility Corporation (hereinafter “instant construction”).

(1) On September 2, 2013, the case name creditor (as of the date of delivery) the debtor (as of the date of assignment), the provisional seizure of claim 1 claim 201Kadan531 G E.S. 44,682,360 on September 2, 2013, 2013: "750,000,00 in goods distribution among the e.g., the notification of the assignment of claims; and on October 3, 2013, the collection order of claims 2013 H 1,5404 H 1,000,000,000 1,000,000,000 on November 26, 2013, 2013, Seoul East-dong District Court 2013Kadan1069, Sungjinjin 20169, 641, 756, 2013, 36, 1636, 206, 1466,7

With respect to the claim for the construction price of the instant case against Samsung Engineering by Samsung Engineering, provisional seizure of claims, assignment of claims, seizure of claims, etc. as described below, and the fact was notified to Samsung Engineering, respectively.

(hereinafter referred to as “creditors of the instant construction cost”) C.

Samsung Engineering concurrently deposited KRW 850,003,545 (hereinafter “instant deposit”) out of the construction cost of Samsung, as the Seoul Central District Court deposited KRW 2599, Dec. 13, 2013, on the ground that the provisional seizure, assignment of claims, and seizure of claims overlap as seen above, and that there is no dispute over the validity of the said deposit, and thus, it is difficult to find who is true creditor of the said deposit. After that, the Suwon District Court’s Sung-nam Branch Branch Court’s distribution procedure for the said deposit (hereinafter “instant distribution procedure”).

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