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(영문) 인천지방법원 2015.09.16 2014가합11921
공탁금출급청구권확인
Text

1. Each of the plaintiffs' lawsuits against the Defendant U2S Co., Ltd. and the original tower construction Co., Ltd. shall be dismissed.

2...

Reasons

1. Basic facts

A. Treatment Construction Co., Ltd. (hereinafter “Treatment Construction”) awarded a subcontract for the construction work amount of the incidental civil engineering work (hereinafter “instant construction work”) from among the construction work for the construction work for the construction work for Puan apartment located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which was contracted from the K (hereinafter “instant construction”) on September 11, 2008 to the construction period from September 11, 2008, and the construction work period was completed on January 28, 2010.

B. Around May 11, 2010, the Defendant U.S. Development entered into a contract on the assignment of claims of KRW 49,252,90 (hereinafter “instant assignment of claims”) with respect to the Defendant U.S. Construction’s U.S. Construction, and the Plaintiff sent notice of the instant assignment of claims by mail with a certified content-certified mail on May 14, 2010 and sent the said mail to Daewoo Construction on May 17, 2010 (see the table Nos. 3 below; hereinafter “the first notice of the instant first assignment of claims”); after Defendant U.S. Development reached the first notice of the instant transfer of claims by a certified content-certified mail on June 9, 2010.

(See No. 8 below, hereinafter referred to as “the second notification of the assignment of claims in this case”).

On May 24, 2010, Defendant U2 Development entered into a contract on the assignment of claims of KRW 65,000,000 (hereinafter “transfer of claims of this case”) with Plaintiff U2P with respect to construction of treatment and development of U2PP, and the development of U2P reached the said contract on May 27, 2010 by giving notice of the said transfer by certified content-certified mail with respect to the construction of treatment and development of U2PPP, and reached the said mail on May 28, 2010.

See the following table 4:

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