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(영문) 서울고등법원 2015.08.21 2014나2043470
공탁금출급청구권확인
Text

1. Revocation of the first instance judgment.

2. Samsung C&T Co., Ltd. on December 13, 2012, Seoul Northern District Court on December 13, 2012.

Reasons

1. Basic facts

A. On September 26, 2012, Samsung C&T Co., Ltd. (hereinafter “Seoul C&T”) entered into a compensation claim against Samsung C&T Co., Ltd. (hereinafter “T&T”) (hereinafter “C&T”) with respect to the “new construction of Samsung C&T research institute at Samsung C&T institute”, the Central Development Co., Ltd. (hereinafter “Central Development”) contracted from Samsung C&T to perform civil engineering works during the said construction.

() Upon the commencement order of rehabilitation as to the above civil works, the central development filed a civil petition against the purport that the subcontracted soil and sand transport part of the above civil works shall be paid for Samsung C&T, and that Samsung C&T shall compensate for it on the first T&T. As a result, it appears that Samsung C&T transferred KRW 90 million among the claims against Samsung C&T, and the above assignment of claims was notified to Samsung C&T on the same day, and the above notification reached the Samsung C&T on October 4, 2012.

B. Accordingly, Samsung C&T was served on December 13, 2012 by the Seoul Northern District Court (Seoul Northern District Court Decision 3784, 2012; hereinafter “Seoul Northern District Court”) and deposited the deposited person in accordance with the Act and subordinate statutes, “Article 487 of the Civil Act, Articles 248(1) and 291 of the Civil Execution Act,” and “depositors are liable to pay the deposit amount of KRW 253,632,150 for the Japanese case.” Since the notice of assignment of claims (the purport of transferring part of the compensation claim to the Defendant) and the provisional seizure of claims due to the Japanese Round Development (the purport of transferring part of the compensation claim to the Defendant), the deposited person paid the deposit amount in full on June 29, 2012, and only the remainder of the construction payment remains in the deposit amount, with the statement that the deposit amount remains in effect.”

(c).

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