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(영문) 인천지방법원 2015.01.27 2012가합33347
공탁금출급청구권 확인등
Text

1. The bond acquisition agreement entered into on December 6, 201 between the Defendant and Jinjin Comprehensive Construction Co., Ltd. is a bond acquisition agreement entered into with the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who received a contract for the container distribution construction work from Incheon Metropolitan City on March 25, 2004 (hereinafter “instant construction work”) from the non-party company by organizing a joint supply and demand company with the Siljin Comprehensive Construction Co., Ltd. (former construction Co., Ltd.: hereinafter “Selim Integrated Construction Co., Ltd.”), and is entitled to a claim for the share of profit and loss under the joint supply and demand agreement.

The Plaintiff filed an application with the Seoul Central District Court for a payment order against Nonparty Company for KRW 943,860,000 as Seoul Central District Court Decision 201Da6933, and delayed payment damages, and the said payment order was issued on March 3, 201 and the said payment order was finalized on April 13, 2011.

B. On December 6, 2011, the Defendant entered into a contract on the assignment of claims between the non-party company and the non-party company, instead of paying the Defendant’s claim amounting to KRW 970 million against the non-party company, under which the non-party company transferred the full amount of the claim for the construction price of this case against Incheon Metropolitan City (hereinafter “transfer of claims”). On December 7, 2011, the non-party company notified the Incheon Metropolitan City of the purport of the transfer of claims.

C. On June 4, 2012, based on the authentic copy of the executory payment order stipulated in the above paragraph (a), the Plaintiff received the claim amount as KRW 1,166,138,905 from the Incheon District Court Decision 201, Jun. 4, 2012, with respect to the instant claim for construction cost, which the non-party company holds against Incheon Metropolitan City, a seizure and collection order, and the above claim seizure and collection order was served on June 11, 2012 by Incheon Metropolitan City.

On July 12, 2012, the Incheon Metropolitan City made a mixed deposit of KRW 480,288,000 as to KRW 480,28,00 of the construction cost of the instant case payable to the non-party company with several claims seizure and collection orders, provisional seizure of claims, seizure, assignment of claims, etc., the deposited person was the non-party company or the defendant of the Incheon District Court (hereinafter “instant deposit”).

[Based on recognition] The evidence Nos. 1 through 16, and Nos. 1 through 4 are numbers.

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