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(영문) 서울중앙지방법원 2020.11.25 2019가단5074221
공탁금 출급청구권 확인
Text

The plaintiff's lawsuit against the defendant C, D, E, F, H, I, J, and K Co., Ltd. shall be dismissed respectively.

The plaintiff's defendant G.

Reasons

1. Facts of recognition;

A. The Plaintiff’s assignment of the claim for the construction price against the Plaintiff Macheon-si and its subsequent assignment 1) is the M& Corporation ordered by Macheon-si (hereinafter “instant Corporation”).

(1) As the contractor of the Defendant C, the amount of KRW 514,80,000, out of KRW 803,100,000 for the claim for the construction payment against Sucheon-si is KRW 514,80,000 for the Defendant C, and KRW 105,60,000 for the Defendant J, and KRW 106,70,000 for the Defendant K Co., Ltd (hereinafter “Defendant K”).

(2) Each of the above notifications of the assignment of claims was transferred to Defendant D, respectively, to Defendant H Co., Ltd. (hereinafter “Defendant H”), and KRW 5,396,832, out of the claims of KRW 514,80,00,00 that were transferred to N as above, Defendant C transferred KRW 17,320,00 to Defendant D, and KRW 16,00,000 to Defendant F, KRW 8,919,570 to Defendant H (hereinafter “Defendant H”), KRW 15,475,40,00 to Defendant D, and the above notifications of the assignment of claims to N were transferred to Defendant D on January 9, 2014; KRW 5,396,832 to Defendant D (hereinafter “N”); and each of the above notifications of the assignment of claims to Defendant D, F, and E on April 25, 2014 to Defendant H.

3) Defendant F transferred KRW 6,200,000, out of the claim amounting to KRW 16,000,000 that was acquired as above, to Defendant G. The assignment of the claim was reached on April 28, 2014. (4) Defendant K transferred KRW 10,757,000 out of the claim amounting to KRW 106,70,000, which was acquired as above, to Defendant G. The notification of the assignment of claim was reached on April 28, 2014.

B. The Plaintiff’s repayment of the construction cost to Defendant I, J, and K 1) Defendant I received full reimbursement from the Plaintiff of KRW 30,445,00 on December 3, 2013, and KRW 76,000 on January 23, 2014, in total, KRW 75,55,000 on September 17, 2013; and KRW 42,302,602,00 on December 3, 2013, and KRW 15,000 on January 23, 2014.

3. The defendant J shall pay the balance of the construction price against the plaintiff.

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