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1. A school juristic person D, on March 28, 2013, deposited with the Suwon District Court Nos. 2013No. 528, 437,000 won.
Reasons
1. Facts of recognition;
A. On October 9, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for construction works, the E Corporation (hereinafter “instant construction”) was awarded a contract for construction cost of KRW 327,936,000 from a school juristic person D (hereinafter “D”).
B. On December 1, 2012, the Plaintiff and Defendant B transferred KRW 61,600,000 among the instant claim for the construction cost of the instant case to the Plaintiff, and on December 18, 2012, notified the assignment of the claim to D by content-certified mail, and the notification reached D on December 20, 2012.
In other words, on December 18, 2012, Defendant B transferred KRW 70,000,000 among the instant claim for construction cost to the Plaintiff, and notified the transfer of the claim to D by content-certified mail on December 24, 2012, and the notification reached D on December 26, 2012.
C. The Defendant B agreed to waive the instant construction work on December 18, 2012, and settle the instant construction work amount at KRW 103,457,818, including the progress payment of KRW 48,180,00, which was already paid between D and D on January 3, 2013.
(hereinafter “Secondary assignment of claims”) D.
1) On January 14, 2013, the Defendant Republic of Korea seized the same amount out of the instant claim for the construction cost on the ground that Defendant B did not pay KRW 66,787,010 for taxes and additional dues. (2) Defendant B transferred KRW 63,360,000 out of the instant claim for the construction cost to Defendant C Co., Ltd. (hereinafter “Defendant C”) on January 17, 2013, and notified the assignment of the claim to D, and the notification reached D on January 18, 2013.
E. On March 28, 2013, D deposited KRW 47,437,00 on the ground that D’s deposit was based on Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act and Article 248(1) of the Civil Execution Act, based on the reason that the creditor of the instant construction cost cannot be known due to concurrent assignment of claims and seizure by the Suwon District Court Branch of Suwon Branch of the Republic of Korea in 2013.
(hereinafter referred to as “instant deposit”). [Grounds for recognition] Defendant B: subparagraphs 1 through 3, 6, 8, and 8.