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(영문) 청주지방법원제천지원 2015.07.23 2014가단5049
공탁금출급청구권 확인
Text

1. Korea has deposited 68,579,244 won as Cheongju District Court No. 348 of 2014, Jun. 3, 2014.

Reasons

1. Basic facts

A. Defendant Cheong forest Construction Co., Ltd. (the trade name prior to the alteration is Bohyeong Construction Co., Ltd.; hereinafter “Defendant Cheong forest Construction”) was ordered to pay 56,000,000 won to the Plaintiff and 6% per annum from December 31, 2003 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of full payment. The above payment order was finalized on June 5, 2004.

(B) The claim against Defendant B under the above payment order for the bill of exchange (hereinafter referred to as “the bill of exchange”).

In around 2007, the limited partnership company in the Defendant’s name industry (hereinafter “Defendant’s name industry”) filed a lawsuit against the Cheongju District Court Decision No. 2007Kadan4840 to seek payment of the purchase price and received a favorable judgment, and the said judgment became final and conclusive.

(C) A claim against Defendant Cheong forest Construction in accordance with the above judgment on Defendant Cheong forest Construction Co., Ltd. (hereinafter “instant purchase price claim”).

On May 22, 2013, Defendant Cheong forest Construction applied for a compulsory auction on the real estate owned by Cheongju District Court Dacheon Branch C, based on the instant bill deposit claim, and the said court rendered a decision to commence compulsory auction on May 28, 2013.

(hereinafter “instant auction procedure”). D.

However, while the instant auction procedure is in progress, on October 7, 2013, the Defendant’s name industry applied for a seizure and collection order with respect to the instant bill deposit claim against Defendant Cheongju District Court Branch Decision 2013TTTTT1394 on the basis of the instant purchase price claim, and the said court issued a seizure and collection order on October 8, 2013, issued a seizure and collection order, and became final and conclusive around that time after it was delivered to B, who is the garnishee, on October 10, 2013.

E. Defendant Cheong Forest Construction: March 27, 2014.

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