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(영문) 인천지방법원 2014.10.17 2013가합16424
공탁금출급청구권
Text

1. Between the Plaintiff and Defendant B, the Suwon District Court in September 4, 2013 held on September 4, 2013.

Reasons

1. Determination as to the claim against the defendant B

A. Claim No. 1) The Plaintiff is a company engaging in wholesale and retail business of petroleum products, and it is a company specializing in large-scale construction (hereinafter “large-scale construction”).

(3) As the Plaintiff supplied the oil of KRW 212,08,307 (including value-added tax) for one month from December 26, 2012 to January 25, 2013 to the construction equipment at C construction site where the construction is carried out, the Plaintiff is a claim for the oil payment equivalent to the above amount (hereinafter “instant claim”).

(2) However, Defendant Airport Petroleum Corporation, the creditor of Defendant B, (hereinafter “Airport Petroleum Corporation”) asserted that the supply of oil for the substitute construction was not the Plaintiff but the Defendant B engaged in the oil wholesale retail business with the trade name of D companies, and that Defendant B was subject to provisional seizure of the claim against the instant claim by designating Defendant B as the debtor and the third debtor for the substitute construction, and accordingly, the substitute construction cannot identify the accurate creditor of the instant claim, and that provisional seizure against the Defendant Airport Petroleum Corporation was made by Suwon District Court No. 9057, Sept. 4, 2013 on the ground that the provisional seizure against the instant claim was made by the Defendant Airport Petroleum Corporation.

3) In order to receive the above deposit, the Plaintiff is a creditor of the genuine oil price for the construction of substitute, and the Plaintiff is confirmed to have the right to claim the withdrawal of the said deposit. (B) Articles 208(3)2 and 150(1) (i) of the Civil Procedure Act applicable mutatis mutandis to the applicable provisions of the Civil Procedure Act.

2. Determination as to the claim against Defendant Airport Petroleum Companies

A. Basic facts 1) The Plaintiff is a corporation that runs the wholesale and retail business of petroleum products in the Sungsung-si in Gyeonggi-do. Defendant B is a person registered as the business name of the “D company” in the wholesale and retail business located in Kimpo-do Kimpo-si at the request of the Plaintiff, and Defendant Airport Petroleum Co., Ltd. supplied petroleum to D companies from April 2012 to January 2013. 2) Substitute Construction from December 26, 2012 to January 25, 2013.

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