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(영문) 광주지방법원 순천지원 2014. 08. 01. 선고 2014가단70713 판결
공탁급출급청구권확인 청구의 소[국패]
Title

Action for Confirmation of Claim for Payment of Deposit

Summary

With respect to the amount transferred by the Plaintiff from the Defendant Construction Company, the Plaintiff shall take precedence over the Defendants’ respective provisional seizure, seizure and assignment of claims after the Plaintiff’s notification of assignment of claims. Accordingly, the Plaintiff has the right to claim payment of deposit

Related statutes

Civil Code § 449(2)(transferability of claims)

Cases

2014da 70713 Action to confirm the claim for payment of deposit money

Plaintiff

KimA

Defendant

AA Construction and 24 others

Conclusion of Pleadings

July 8, 2014

Imposition of Judgment

August 1, 2014

Text

1. On July 12, 2012, the Defendants confirmed that, among the OO members deposited by the Suwon District Court of Suwon District on the July 12, 2012, the OO members and the right to claim payment of the interest accrued therefrom from the OO members deposited by the Suwon District Court of Suwon District in gold No. 1274 in gold No. 2012, the Defendants were the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Facts of recognition;

"A. The Plaintiff: (a) from January 201 to April 2012, the Plaintiff provided meals to Defendant AA Construction employees while operating so-called 'the main building built reinforced concrete 4 and the reinforced concrete 5 construction site'; and (b) on April 30, 2012, Defendant A Construction Co., Ltd. (hereinafter referred to as "BB Construction") transferred OB to the Plaintiff among the construction cost claims for the said construction from BB Construction (hereinafter referred to as "the instant construction") and notified the Plaintiff of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the claims to the Plaintiff; and (c) on May 1, 2012, Defendant A Construction Co., Ltd. (hereinafter referred to as "BB Construction"), Defendant BB Construction Co., Ltd. (hereinafter referred to as "BB Construction"), Defendant B Construction Co., Ltd. (hereinafter referred to as "BB Construction") notified the assignment of claims to the Plaintiff; and (d) notified the assignment of claims to BB Construction No.

[Attachment] Omission

D. BB Construction: (a) on July 12, 2012, on the ground that the claims are accompanied by provisional seizure, seizure, assignment of claims, etc. as seen above, the depositee was named as Suwon District Court, Suwon District Court, Suwon District Court, or the Plaintiff or defendant KimDD; (b) on July 12, 2012, the depositee was stated as “AA Construction or the largestCC, or Article 248(1) of the Civil Code and Article 248(1) of the Civil Act,” and deposited the OOO of the instant contract price claim under [based on recognition] as Defendant 2, 8, 17, 19, 20, and 23: (a) on the ground of the foregoing, the depositee was named as the “Defendant A Construction or the Plaintiff or defendant KimD”; (c) on the basis of the latter part of Article 487 of the Civil Code and Article 248(1) of the Civil Court Act and the purport

As to the remaining Defendants: Confession

2. The assertion and judgment

According to the above facts, prior to the notice of the assignment of claims to the plaintiff, the original of the decision or the notice of the assignment of claims reaches BB Construction shall have no effect on the provisional seizure and the transfer of claims to the defendant Southern F, GG Engineering, HH, HH, CH, EJ, KKK, KKKK, and the maximum amount of claims to the plaintiff (=OOOOO + + OOOOOOOOwon + + + + OOOOOOOO won + + OOOOOOOO won). As such, the provisional seizure and the transfer of claims to the other OOOO (= -OOOOOO) that have been deducted from the above amount among the deposit in this case shall not extend to each of the above provisional seizure and the transfer of claims to the plaintiff and the defendants that the plaintiff transferred from the defendant AO Construction to each of the plaintiff after the attachment of claims.

As to this, Defendant 0L, UM, N, PP Machinery Co., Ltd., and Korea asserted that the assignment of the above assignment between the Plaintiff and Defendant AA Construction is invalid as it is by means of a false conspiracy, but there is no evidence to acknowledge this, the above Defendants’ assertion is not acceptable.

3. Conclusion

Therefore, all of the plaintiff's claims shall be accepted, and it is so decided as per Disposition.

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