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(영문) 서울중앙지방법원 2018.05.04 2015가단5396121
공탁금출급권자확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 24, 2009, the National Agricultural Cooperative Federation entered into an agreement on the business of joint support for network theory with the Public Procurement Service, and on May 3, 2012, the National Agricultural Cooperative Federation entered into a credit transaction agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the credit amount of KRW 300 million, and the credit period expiration date until May 7, 2013, but extended on May 2, 2013 by May 7, 2014.

B. On October 18, 2013, the Defendant Company received a loan of KRW 46,50,000 from the Plaintiff on the network theory, and notified the Administrator of the Public Procurement Service, the third debtor of the supply price bonds, of the fact of lending a network theory (issuance number: 2013-08614). On the same day, the Administrator of the Public Procurement Service issued a notification to the Defendant Company for confirmation of the conclusion of the network theory, which was the contract price of KRW 58,394,00 and the delivery period of which was November 6, 2013.

C. On November 21, 2013, Defendant B received a provisional attachment order on KRW 39,786,854 of the supply price claim against Defendant Company’s Republic of Korea to preserve the claim for construction price, and served the provisional attachment order on November 25, 2013. On May 9, 2014, Defendant B transferred the provisional attachment to the same court 2014TT2846, and received the attachment and collection order and served the said collection order to Defendant on May 13, 2014.

As of December 18, 2013, Defendant A received a provisional seizure order of KRW 17,154,500 from the Defendant Company’s claim against the Republic of Korea to preserve the claim for the purchase price of goods, the provisional seizure order was served on Defendant A on December 19, 2013. On April 18, 2014, Defendant A received the provisional seizure order of KRW 2014TT4313 from the same court to the same court as the provisional seizure order of KRW 2014TT4313, and the above collection order was served on Defendant Republic of Korea on April 22, 2014.

E. On April 21, 2014, the Defendant M&M Co., Ltd. was a notary public’s office as the District Court 2014TT7012.

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