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(영문) 인천지방법원 2018.12.14 2018가단229785
공탁금 출급청구권 확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 23, 2013, Defendant B Co., Ltd. (hereinafter “Defendant B”) drafted a “contract for assignment and acquisition of claims” with the Plaintiff as follows:

(hereinafter) On January 1, 201, Defendant B paid the material price of KRW 56,036,817 to the Plaintiff.

2. It promises to pay in full the unpaid price of the material by September 16, 2013.

3. (1) By August 29, 2013, approval of KRW 28,018,408, which is 50% of the cost of materials, shall be completed.

② By September 16, 2013, the remainder 28,018,408 won shall be approved. If the Plaintiff receives construction cost from the non-party M Co., Ltd. (hereinafter referred to as the “non-party Co., Ltd.”) on August 29, 2013, the claim shall be transferred and taken over so that the Plaintiff may collect KRW 56,036,817, and this contract shall be prepared.

B. On August 30, 2013, the Plaintiff sent a content-certified mail to the Nonparty Company and Defendant B, stating that “I would inevitably request Defendant B to transfer KRW 56,036,817 from the amount of construction approval that Defendant B would inevitably receive from the Nonparty Company as Defendant B’s failure to comply with the promise of approval.”

(hereinafter referred to as the "transfer of claims of this case")

When the non-party company was served with the decision of provisional seizure of claims and notification of the assignment of claims by the remaining Defendants, as creditors of Defendant B, including the Plaintiff, the non-party company deposited KRW 146,106,298 with the Suwon District Court in order under Articles 248(1) and 291 of the Civil Execution Act and Article 487 of the Civil Act on the ground that “the non-party company was handed down with the Defendant B with the obligation of KRW 146,106,298 against the payment of goods, and the decision of assignment of claims, seizure of claims, or provisional seizure of claims by the creditors of Defendant B.”

(hereinafter referred to as the "deposit of this case"). 【No dispute exists, entry of Gap evidence Nos. 6, 7, and 8, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion takes precedence over the seizure, provisional seizure, assignment of claims, etc. of other Defendants.

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