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(영문) 의정부지방법원 고양지원 2017.03.08 2016가단82405
공탁금출급청구권확인의 소
Text

1. Defendant A Co., Ltd. deposited the amount of money deposited by the Korea Rural Community Corporation as Kuyang-gu District Court in 2012 as Geumyang-do 2739.

Reasons

1. Determination as to the claim against Defendant A corporation

(a)as shown in the corresponding part of the claim in the attachment of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment by deeming the relevant provisions as private investors);

2. Determination as to claims against Defendant B and C

A. The Plaintiff’s assertion was subcontracted to Defendant A Co., Ltd. (hereinafter “Defendant A”), among the instant construction works contracted by the Korea Rural Community Corporation, to Defendant A Co., Ltd., (hereinafter “Defendant A”). Defendant A renounced the construction without starting the said construction works, and the Plaintiff notified the Korea Rural Community Corporation of the cancellation of the said subcontract on October 14, 2015, and completed the said construction after starting the said construction. As such, Defendant A’s claim for construction expenses against the Plaintiff and the Korea Rural Community Corporation related to the instant construction does not exist.

Therefore, as a creditor against Defendant A, Defendant B and C, who received a seizure and collection order with respect to the claim for the payment of the construction cost payable by the Korea Rural Community Corporation, are obligated to confirm that the claim for payment of the deposit amount was made by the Korea Rural Community Corporation under 2739, 2012, 150,512,821, which was deposited by the Korea Rural Community Corporation in order to pay the deposit to the Plaintiff.

B. In light of the reasoning of the judgment, although evidence as shown in the above facts alleged in the plaintiff's assertion, Gap evidence Nos. 5-2 through 9 is indicated, the defendant A's representative director D's crime of forging each of the above documents and exercising it to the plaintiff is sentenced to 10 months of imprisonment, 2 years of suspended execution of sentence of 2 years of final and conclusive judgment of conviction [the defendant's final and conclusive judgment of conviction of 2015Da3697, 2016 High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 2016

In addition, the evidence submitted by the plaintiff alone is insufficient to recognize the above assertion, and there is no other evidence to recognize it.

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