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(영문) 수원지방법원 2017.08.30 2017가단514469
공탁금 출급청구권 확인
Text

1. Deposit money deposited by the Suwon District Court 2017No 2836, April 4, 2017 by the Busan District Court and the limited company in Busan District Court’s dormitory.

Reasons

1. 【Evidence-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground-In-Ground

A. On March 1, 2017, the Plaintiff acquired the Plaintiff’s claim for construction price. The Plaintiff, on March 1, 2017, is the Energy Co., Ltd. (hereinafter “Energy”).

(2) On March 13, 2017, the notice of the transfer of the construction price claim by mail with the certified contents-proof mail with the certified fixed date of the Defendant Energy State reaches the Busan District Dormitory Limited Company on the part of the Defendant Energy Co., Ltd.

B. Defendant Samsung Electronic Co., Ltd. (hereinafter referred to as “T&M”) provisionally attached KRW 23,300,957 of the construction cost claim against the third debtor of the Defendant Energy Industry Co., Ltd. in the Defendant Energy Industry Co., Ltd. (hereinafter referred to as “T&M”) (U.S. District Court 2017Kadan200928) on March 24, 2017.

C. On April 4, 2017, the Plaintiff and the Defendants deposited construction cost of KRW 74,110,985 on the ground that the Plaintiff and the Defendants are deposited as the principal deposit, under a special agreement prohibiting the assignment of the claim for the construction cost as to the claim for the payment of the construction cost.

(U.S. District Court 2017No. 2836). On the other hand, there is no special agreement on the prohibition of transfer of the claim for construction work between the defendant Energy Republic of Korea and the Busan D&S Company.

2. According to the above facts of recognition, the transfer of the above construction price claims by the Plaintiff and the Defendant Energy Bureau is valid, and since the Plaintiff’s notice of transfer of claims was given prior to the delivery of the provisional attachment decision by the Defendant Samsung Electronic, Defendant Samsung Electronic cannot oppose the Plaintiff

3. If so, it is clear that the above claim for payment of deposit money was made to the Plaintiff, and as long as the Defendants dispute this, the Plaintiff is the Plaintiff.

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