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(영문) 수원지방법원여주지원 2016.07.05 2015가단10686
공탁금 출급자 확인 청구
Text

1. Korea Land and Housing Corporation’s deposit with the Suwon District Court Branch No. 2015, Sep. 14, 2015, 35,832.

Reasons

1. Basic facts

A. Defendant Kangwon Facilities Co., Ltd. (hereinafter “Defendant Kangwon Facilities”) had a claim for construction cost of KRW 35,832,700 as stated in the attached list against the Korea Land and Housing Corporation.

B. On August 4, 2015, Defendant Kangwon equipment transferred the claim for construction cost of KRW 35,832,700 to the Korea Land and Housing Corporation of the Defendant Kangwon Equipment (hereinafter “Plaintiff”) to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), and on the same day, notified the Korea Land and Housing Corporation of the assignment by content-certified mail, and the notification was delivered on August 5, 2015.

C. On September 14, 2015, the Korea Land and Housing Corporation deposited KRW 35,832,70,000 (hereinafter “the deposit of this case”) by stating the following as the ground for deposit in fact: (a) the transfer of claims or the seizure and collection order of claims as follows; and (b) the Plaintiff, the transferee of each claim, the Plaintiff, the Plaintiff (Counterclaim Plaintiff), the Plaintiff (Counterclaim Plaintiff), the transferee of each claim, the Plaintiff (hereinafter “Defendant Bodo”); and (c) the enforcement creditor as the Defendant Hando Co., Ltd. (hereinafter “Defendant Hando”); and (d) deposited KRW 35,832,700 (hereinafter “the deposit of this case”).

On August 5, 2015, the fact that: (a) on August 3, 2015, the transferee of the assigned claim or the obligor’s transfer amount; or (b) on August 13, 2015, the fact that: (c) there is no dispute on August 13, 2015, the fact that: (a) there is no dispute regarding the Defendant’s Gangwon Equipment 35,832,700 won of the Defendant’s Gangwon Equipment 35,832,700 won of the transferred claim on August 5, 2015; (b) there is no evidence of No. 1; (c) No. 2556,261 won of the Defendant’s Gangwon Equipment 35,85; and (d) the purport of the entire pleadings; and

2. Judgment on the plaintiff's respective claims

(a) A claim on the Defendant Gangwon Equipment: Article 208(3)2 of the Civil Procedure Act (Voluntary Confession)

B. The heat between the assignee in the case of double transfer of the judgment claim on the ground of the claim against the Defendant Undotech and the Defendant Han Han-Tech is a fixed date.

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