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Reasons
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(영문) 서울중앙지방법원 2019.10.10 2019가단5108285
공탁금 출급청구권 확인
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1. The Seoul Central District Court rendered on December 20, 2018 by Nonparty H to the Plaintiff (Appointed Party) and the Appointor.

Reasons

1. The facts of recognition: (a) Plaintiff (Appointed Party) entered and served in Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) on April 18, 2017; and (b) I and J retired on November 30, 2018; (c) Plaintiff A et al. on August 25, 2018; and (d) Plaintiff K et al. on August 25, 2018.

(2) On January 22, 2019, the Plaintiffs received a provisional attachment order on the claim amount of KRW 62,618,074 of the wages and retirement allowances as stated in Paragraph (1) of this Article, which was not received from the Defendant Company, from the Defendant Company, as the claim amount, and the Defendant Company’s claim amount of KRW 62,618,074 (hereinafter “instant claim for construction payment”). The Defendant Company sought payment of the said wages and retirement allowances from the court as the court’s 2019No5016904, and was sentenced to a full favorable judgment on April 23, 2019.

③ Meanwhile, on December 19, 2018, Nonparty Company: (a) designated the deposited person as Defendant Company, Defendant C, and G on the ground that multiple transfers of claims for the instant construction price competes with each other with respect to the instant construction price claim under this Court No. 2018, 2018.

④ The Defendants’ exercise of rights against the instant construction cost claim is as follows.

1. Notification of the assignment of claims on October 18, 2018 (Defendant C and Amount: 369,917,663 won);

2. Provisional seizure against claim on October 26, 2018 (Defendant F, F, Amount: 72,60,000);

3. Provisional seizure against claim on November 8, 2018 (Defendant D, Amount: 11,00,000 won);

4. Provisional seizure against claim on November 13, 2018 (Defendant E, Amount: 20,042,00 won);

5. Consent to and agreement on the transfer of claims on December 5, 2018 (Defendant G and amount: 3,410,000 won);

6. Each description of the claim attachment and collection order (Defendant C corporation, amount: 291,418,069 won) on February 22, 2019, 【Ground of ground of appeal】 the fact that there is no dispute, and Party A’s evidence Nos. 1 through 10 (including additional number)

2. The assertion and judgment

A. The Plaintiff is not the Defendant Company, a creditor, but the notification of the assignment of claims on October 18, 2018 by Defendant C, which takes precedence over the Plaintiffs’ claims.

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