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(영문) 광주지방법원 2017.04.12 2016가단16806
공탁금출급권자 확인
Text

1. On February 29, 2016 between the Plaintiff and Defendant B Co., Ltd., the Nonparty-Namnam-do was golded in February 2016 by the Gwangju District Court.

Reasons

1. Basic facts

A. Jeonnam-do is the ordering person of the structural improvement project due to the risk of traffic accidents in the Young River District (hereinafter “the instant construction project”). Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the recipient of the said construction project, and the mailing construction company (hereinafter “the bankrupt”) is the company subcontracted the said construction project from the Defendant Company.

B. The bankrupt entered into a subcontract with the Defendant Company on March 25, 2010.

On June 17, 2013, the bankrupt, the defendant company, and the Jeonnam-do made a direct payment agreement on the subcontract price.

C. The Defendant Republic of Korea (hereinafter “Disposition Office”) attached the Defendant Company’s claim for the construction cost against Jeonnam-do as to the delinquent amount of 62,185,230 won on September 12, 2013 as the Defendant Company failed to pay national taxes, and requested collection from Jeonnam-do on September 26, 2013.

After completing the instant construction work, the bankrupt filed a claim for the payment of KRW 24,178,300 with Jeonnam-do in accordance with the subcontract termination agreement. However, Jeonnam-do seized the said construction work price of KRW 33,958,340 on the ground that the Republic of Korea attached the said construction price (i.e., KRW 32,332,62,00 interest amounting to KRW 1,626,340) with the creditor as bankrupt, the defendant company, and the defendant Republic of Korea on February 29, 2016 on the ground that the Republic of Korea attached the said construction price.

E. On October 24, 2016, the bankrupt was declared bankrupt by the Gwangju District Court 2016Hau506, and the Plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. Claim against the defendant company

A. The ground for the indication of the claim lies in the Plaintiff’s claim for payment of deposit.

(b) Grounds for judgment: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Claim against Defendant Republic of Korea

A. The subcontractor shall be the subcontractor according to the direct payment agreement of the plaintiff 1's subcontract price.

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