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(영문) 인천지방법원 2017.10.12 2016가단223462
공탁금출급권확인
Text

1. The plaintiff's action against the defendant Il-chul, Inc. is dismissed.

2. The construction of land by the Plaintiff and the Defendant.

Reasons

1. The Plaintiff, which caused the claim, received a direct written consent from the construction of the land of the Defendant Co., Ltd. (hereinafter “Defendant Land Construction”), and sent the content-certified mail attached to the direct consent of the Defendant Land Construction Co., Ltd. (hereinafter “Largesung Construction”).

This is because Defendant’s land construction transferred KRW 33,500,000, which is a part of the claim for the remainder of the construction project to the Plaintiff, to the Plaintiff, the right to claim payment of KRW 33,500,000 out of the money deposited by Daesung Construction is the Plaintiff.

2. Facts of recognition;

A. From around October 2013, Defendant National Land Construction supplied a sewage for the installation of a temporary facility among G Corporation, and there is a claim for the construction cost of KRW 155,553,460 (hereinafter “instant claim”).

B. On March 12, 2015, the Plaintiff supplied the construction equipment to Defendant National Land Construction, but was not paid the price, and on March 12, 2015, received a direct consent from Defendant National Land Construction to pay KRW 33,500,000 to the Plaintiff out of the instant bonds (hereinafter “instant direct consent”). On March 18, 2015, the Plaintiff sent a content-certified mail demanding payment of KRW 33,50,000, along with the instant direct consent to payment.

When Taesung Construction refused to pay it, the Plaintiff filed a lawsuit against Taesung Construction with Busan District Court 2015Kadan239276, which sought payment from Taesung Construction, and on May 4, 2016, Taesung Construction is below the following.

The suit was withdrawn on the ground that the deposit was made in the claim.

C. Before and after the date of preparation of the written statement of refusal to the position of this case, the Daesung Construction was served with the notice of assignment of claims, provisional seizure of claims, seizure and collection order as follows.

The claimant based on the written consent of direct and non-performance: the plaintiff, the defendant Hanju Steel Co., Ltd., the Postal Foundation Co., Ltd., Leecheon-to-Land Co., Ltd., A, and B: defendant C, D, E, F, and E.

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