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(영문) 광주지방법원 2015.10.06 2015가단9092
공탁금출급청구권확인
Text

1. On August 7, 2014, 68,658,200 won deposited by the Gwangju District Court Decision No. 2014No1267, Jun. 7, 2014

Reasons

1. Basic facts

A. The Geumsung Industrial Development Co., Ltd. was established around August 2012 and mainly engaged in the construction of land plants and steel structures. Around January 2013, after concluding a contract for goods supply with the Defendant, it was supplied with steel products equivalent to KRW 105,60,010 from the Defendant. In the event of payment, Article 3 of the above contract for goods supply provides that the payment shall be made in principle by cash on the 30th of the following month from the date of delivery of the goods.

B. On February 28, 2014, the Defendant filed an application with the competent District Court for a payment order of an amount equivalent to KRW 105,60,010 of the above goods price against the development of the gold industry with the previous District Court 2014 tea342. On March 10, 2014, the Defendant issued an order to pay the Defendant the payment order at the rate of KRW 105,60,010, and KRW 6% per annum from December 4, 2013 to the delivery date of the instant payment order, and KRW 20% per annum from the next day to the date of complete payment. The above payment order was finalized on March 25, 2014.

C. From January 29, 2014 to March 21, 2014, the gold Industry Development Co., Ltd. repaid KRW 43.5 million out of the price of the above goods to the Defendant, and on June 4, 2014, transferred KRW 62,100,019 out of the construction price of the bonds for which the gold Industry Development Co., Ltd. takes place for payment of the remaining price of the goods to the Plaintiff for the remainder of the goods.

(hereinafter “instant assignment contract”) D.

On August 7, 2014, 197, the Seoul District Court Deposit KRW 68,658,200 (hereinafter “the deposit of this case”) in total for the construction cost to be paid for the development of the gold industry on the grounds of the gold industry development or the creditor’s uncertainty.

E. On July 9, 2014, the gold Industry Development Co., Ltd. filed a petition for bankruptcy with the Gwangju District Court. On September 29, 2014, the Gwangju District Court was declared bankrupt by 2014Hau501.

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