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(영문) 대전지방법원홍성지원 2020.10.30 2020가단34059
공탁금 출급청구권 확인
Text

1. The plaintiff's lawsuit against the defendant C is dismissed.

2. B B between the plaintiff and the defendant corporation:

Reasons

1. Facts of recognition;

A. A. Around September 2019, D Co., Ltd. (hereinafter “D”) contracted E (hereinafter “instant construction”) from Chungcheongnam-do, Chungcheongnam-do, and subcontracted most of the construction to the Plaintiff.

B. With respect to the instant claim for the construction cost against Chungcheongnam-do, Chungcheongnam-do, Defendant B (hereinafter “Defendant B”) received a provisional seizure order of claim amounting to KRW 46,838,000 from the Daejeon District Court on October 21, 2019, and served the provisional seizure order of claim amounting to KRW 46,838,000 on November 5, 2019. Defendant C Co., Ltd (hereinafter “Defendant C”) received a provisional seizure order of claim amounting to KRW 49,70,000 from the Daejeon District Court Decision 200Kadan50287 on January 30, 2020 and served the provisional seizure order of claim amounting to KRW 49,70,000 on February 5, 2020.

C. On February 7, 2020, D transferred KRW 300,000, out of the instant construction cost claim to the Plaintiff on February 7, 2020, when approximately 50% of the instant construction work was completed, D notified the transfer of the claim to the Cheongnam-do on February 10, 202, and the notification of the transfer was served on February 26, 2020.

On the other hand, the F Co., Ltd. (hereinafter “F”) received on May 12, 2020 from the Plaintiff’s acquisition of the instant claim for construction price, which was the claim amounted to KRW 120,921,686 from the Daejeon District Court Branch of Hongsung Branch of the Daejeon District Court as the claim amounted to KRW 20,920,00,000,000,000 won, and served the order of seizure and collection on May 25, 2020.

E. When the Plaintiff and the Defendants were served with a collection order, etc. of their respective transfers of claims, provisional seizure, or collection order, Chungcheongnam-do deposited KRW 172,425,260 of the remaining construction cost of the instant case under the Deposit No. 868 of the Daejeon District Court red branch of the Daejeon District Court in July 30, 2020 (hereinafter “instant deposit”), and stated the grounds for deposit for repayment in the latter part of Article 487 of the Civil Act and the reasons for the execution deposit under Article 248(1) of the Civil Execution Act together with the Plaintiff and the Defendants.

F. On the other hand, D, on October 30, 2019, shall be Ansan District Court.

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