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(영문) 대전지방법원공주지원 2019.10.24 2019가단20848
공탁금 출급청구권 확인
Text

1. Deposit money deposited by the U.S. Armed Forces in the Daejeon District Court on January 22, 2015 as 129,313.

Reasons

1. Claim against the Defendants other than Defendant L and AB

(a) Indication of claims: It is as shown in the attached Form;

(b) Grounds for recognition: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant L or AB

A. In a case where the judgment on the cause of claim is transferred twice, the order between the assignee shall be determined by the date and time when the notification of transfer with the fixed date reaches the obligor. This legal doctrine applies to the case where the order of provisional seizure or seizure is determined by the person executing the provisional seizure or seizure order with respect to the same claim as the assignee of the claim. Thus, the order of transfer with the fixed date notice of assignment, provisional seizure or seizure order with the fixed date shall be determined by the order after the arrival of the garnishee (in the case of the assignment of claim

(2) In light of the aforementioned legal principles, the Plaintiff entered into a contract on the assignment of the construction price claim under the above construction contract with Defendant F, the Defendant F, Inc. (hereinafter “Defendant F,”) on December 28, 2010, and the Plaintiff guaranteed the Defendant F’s obligation to return advance payments to Defendant F, U.S. Armed Forces; Defendant F was unable to return advance payments to Defendant F, on April 23, 2012; the Plaintiff entered into a contract on the assignment of the construction price claim under the above construction contract with Defendant F, and accordingly, the Plaintiff paid advance payments to Defendant F, U.S. Armed Forces; Defendant F, on April 23, 2012, upon delegation of the right to transfer the construction price to the said Defendant F, U.S. Armed Forces; Defendant F, on April 23, 2012, notified Defendant F, upon delegation of the right to transfer the construction price to the said Defendant F, U.S. Armed Forces; and the Plaintiff sent notice to Defendant F, U. 21, 2014.

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