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(영문) 서울중앙지방법원 2014.11.07 2013가단151053
공탁금출급청구권 확인
Text

1. On February 27, 2013, Hyundai Construction Co., Ltd. deposited in gold No. 838, Seoul Southern District Court in 2013, KRW 150,285,338.

Reasons

1. Basic facts

A. On August 12, 2010, Defendant Down Co., Ltd. (hereinafter “Defendant Down”) entered into a construction contract with the construction cost of KRW 2.85 billion among the construction works in the Nam-gu Incheon, Nam-gu, Incheon, where it is the principal contractor and Hyundai Construction Co., Ltd. (hereinafter “Yandae Construction”) entered into a construction contract with the construction cost of KRW 3,198,100,796, the construction cost of which was increased to KRW 3,198,100,796 through four changes.

B. The remaining Defendants except the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant Haynty, Defendant-Counterclaim Plaintiff, and independent party intervenors acquired the construction cost claim against Hyundai Construction as the creditors of the Defendant Haynty as to the Defendant Haynty’s creditors, or received the provisional attachment of the claim, or the seizure and collection order of the claim, and the status notified to Hyundai Construction is as follows.

1) On May 2, 2012, the Plaintiff acquired KRW 100 million out of the instant construction cost from Defendant Hayti, and the said notice of assignment of claims reached Hyundai Construction on May 3, 2012 by content-certified mail (in addition to the said transfer of claims, the Plaintiff received a collection order for each of the claims seizure and collection on September 17, 2012 from the said court 2012 Tasan District Court 13854 and October 19, 2012, respectively, on September 17, 2012. The said notice of assignment of claims reached Hyundai Construction on September 20, 2012 and October 24, 2012.

(2) On May 2, 2012, the Defendant (Counterclaim Plaintiff and the Intervenor of the Independent Party (hereinafter “Defendant ice system”) received KRW 250,000,000,000 ( KRW 150,000,000,000,000,000 in the construction cost of the instant construction project) from the Defendant Haynitian from May 2, 2012, and each of the instant notifications of assignment of claims was received by way of content-certified mail.

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