The right to claim the payment of the deposit money of this case belongs to the Plaintiff who is the transferee of the claim for the payment.

The notice of attachment and provisional attachment by the Defendants on the claim for the construction payment of this case reaches the non-party company after the assignment of the claim reaches the notification, and thus the claim for payment of deposit

Civil Code § 487. Effect of Deposit for Performance

Seoul Central District Court-2015-Ban-5310929

AA

6. Korea;

November 23, 2016

December 14, 2016

1. The Defendants confirm that BB deposited by the OO district court on February 13, 2004 by the FOOOO in 2004 that the right to claim for payment of deposit money was the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. BB awarded a contract to CCC for material storage construction work, and CCC completed the construction work in accordance with the contract. On April 1, 1998, CCC transferred OOB out of the instant claim for the construction work deposit to the Plaintiff, and thereafter notified BB of the transfer of the claim by content-certified mail.

B. BB received a notice of assignment of the above obligation, and received a provisional attachment and attachment decision as follows.

Net

The case code, etc.

(a)The amount of seizure;

1

Seoul District Court 98Kadan14152

OO

OO

2

Seoul District Court 98Kadan142057

OO

OO

3

Suwon District Court 98Kadan1921

OO

OO

4

Seoul District Court 98Kadan143219

OO

OO

5

Seoul District Court 98Kadan143218

OO

OO

6

Suwon District Court 98Kadan13040

OO

OO

7

Seoul District Court Western 98Kadan25821

OO

OO

8

Notice of attachment of claims by the director of the AAA Tax Office

OO

OO

9

Suwon District Court 98Kadan17531

OO

OO

10

Suwon District Court 98Kadan18891

OO

OO

11

Suwon District Court 98Kadan18890

OO

OO

12

Suwon District Court 98Kadan51704

OO

OO

13

Suwon District Court 98Kadan19317

OO

OO

C. On October 22, 1998, BB deposited POO as the OOOO in 1998 District Court, and on February 13, 2004, POOO District Court deposited POOO as CCC or the Plaintiff (hereinafter collectively referred to as “the deposit in this case”).

D. The deposit of this case is written in Article 487 of the Civil Act and Articles 248(1) and 291 of the Civil Execution Act concerning deposit for repayment, and Article 248(1) and 291 of the Civil Execution Act concerning deposit for enforcement are the obligation of BB to pay the materials and storage expenses to CCC. It is notified by CCC that CCC transferred the OO of the construction expenses to the Plaintiff, and subsequent provisional attachment and seizure notification of the Defendants were received, and the Defendants asserted that the assignment of the claims to the Plaintiff is null and void. As such, it cannot be confirmed that the transfer of claims is null and void, the purport of this case is that “the construction payment is deposited in accordance with Article 487 of the Civil Act and Articles 248(1) and 291

[Reasons for Recognition] Defendant OO, OOO, OO, OO fund, OO, OO, OO, OO, or OO construction company: Confession

Defendant OO, Korea, OO, corporation, OO, corporation, OO, and OO: Evidence Nos. 1 through 4 (including paper numbers) and the purport of the entire pleadings

2. Determination on the cause of the claim

According to the above facts, it is reasonable to view that the deposit of this case constitutes a mixed deposit with CCC or the Plaintiff as the principal deposit, and a mixed deposit with the Defendants, who are the persons holding the right to seize claims and provisional seizure, as the principal deposit.

CCC notified the Plaintiff of the transfer of the above contract price claim by content-certified mail, and the Defendants’ attachment and provisional attachment notification regarding the above contract price claim reached BB after the notification of the transfer of the above contract price claim reaches the BB, and since the deposit of this case is less than the amount of the Plaintiff’s claim to be acquired by transfer, the claim to pay the deposit of this case was reverted to the Plaintiff, the assignee of the claim to pay the deposit of this case. In addition, in order for the depositee to claim the transfer of deposited money, the documents proving the existence of the claim to pay the deposited money in relation to the other deposited parties as well as the execution obligee should be prepared and submitted. Thus, the Plaintiff has a benefit to seek confirmation that the Defendants, the creditor of the above contract price claim, were the Plaintiff

3. Conclusion

The plaintiff's claim is justified and accepted.