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(영문) 서울동부지방법원 2014.02.14 2012가단26153
공탁금출급권자확인
Text

1. The plaintiff (Counter-Defendant) and the defendant corporation's lecture materials, B, C, Ildu River, Co., Ltd., Ltd. and the defendant corporation.

Reasons

1. Basic facts

A. On October 27, 2011, the Plaintiff leased KRW 100 million to Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) on November 14, 201 (hereinafter “instant loan”), setting the due date as November 14, 201, and the representative director F of the Nonparty Company was jointly and severally guaranteed.

B. As the non-party company failed to repay KRW 100 million to the Plaintiff by the due date under the instant loan agreement, the non-party company transferred KRW 100 million out of the construction cost claim under the subcontract (hereinafter “instant construction contract”) on August 23, 201, which was based on the fact that the non-party company contracts 2 and 2 Bluel Melel Construction among the construction works of Hyundai Industrial Development Co., Ltd. (hereinafter “NG”) to the Plaintiff on December 15, 2012 (hereinafter “instant transfer of claim”).

On December 16, 2011, Nonparty Company sent the instant notice of assignment of claims, and reached the development of modern industry on December 20, 201.

C. On April 6, 2012, Hyundai Industrial Development: (a) based on the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, the deposited person shall be the Plaintiff and the Defendants; (b) “The notification of the assignment of the instant claim for the construction price; (c) the notification of the provisional seizure of the claim was served; and (d) Defendant Yu Chang-ju Co., Ltd., Ltd., Ltd., the subcontractor of the non-party company (hereinafter referred to as the “Defendant Chang-chul”); and (c) the direct demand for direct payment of the contract price was made in the form of deposit; and (d) the deposit of KRW 305,115,213, the obligation for the construction price was deposited as No. 1506, 2012 (hereinafter referred to as the “instant deposit”).

The detailed description of each claim claim based on the facts of the cause of the deposit of this case is as follows.

(2) On November 21, 2000, December 21, 2000, the notice of the assignment of claims to the Plaintiff 100,000,000 on November 21, 200 on December 21, 200, the notice of the assignment of claims to the Defendant on November 21, 200 on December 31, 200, Defendant B Housing Site Board 11Kadan4161 provisional attachment 70,000,000,000 on December 4, 2001.

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