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(영문) 수원지방법원 안산지원 2018.05.02 2017가단14413
공탁금출급권자 확인
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The plaintiff, defendant corporation C, and defendant corporation

Reasons

1. 사실관계 [인정근거] 피고 주식회사 조이건설, 대동포장건설 주식회사, D, 주식회사 천연녹화, E에 대하여는 민사소송법 제150조 제1항에 의하여 자백간주, 피고 B, C에 대하여는 갑 1∽5호증, 을다 1, 2호증의 각 기재, 변론 전체의 취지 피고 조이건설 주식회사(이하 피고 조이건설)는 안산시에 대한 공사대금 채권 27,225,000원을 원고에게 양도하고, 2017. 5. 30. 내용증명에 의한 위 채권양도 통지가 안산시에 도달하였다.

① The remainder of the Defendants except for the construction of Defendant Article 1 was executed upon the receipt of a provisional attachment, seizure, and collection order, etc. on the claim for construction cost against the time when each Defendant Cho Jae Construction was known.

② The Defendant B’s decision on provisional seizure of the claim (amounted to KRW 3,900,00) was served on May 19, 2017, and the Defendant C’s order for the seizure and collection of the claim (amounted to KRW 3,643,259) was served on May 30, 2017, respectively.

③ The remaining Defendants’ order of provisional seizure and collection was served between June 2, 2017 and June 23, 2017, respectively.

For reasons of Article 487 of the Civil Code and Article 248(1) of the Civil Execution Act, Ansan-si deposited KRW 31,685,00,00 for the construction cost to be paid to Defendant Cho Jae-si as the Suwon District Court No. 1970 in July 7, 2017, including the depositee for the construction of Defendant Cho Jae-si.

(hereinafter referred to as “instant deposit”) 2. Claim and determination of the said deposit

A. Since the Plaintiff’s notice of assignment of the instant claim reaches the time of Ansan, such as the Defendant’s order of seizure and collection, etc., the Plaintiff’s right to withdraw KRW 27,225,00 out of the instant deposit is the Plaintiff.

B. Of the instant lawsuit, the legal doctrine related to the claim portion against Defendant B requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is likely to present in the Plaintiff’s rights or legal status, and the risk of apprehension.

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