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(영문) 서울북부지방법원 2018.07.25 2017가단134208
공탁금 출급청구권 확인
Text

1. 5,396,832 won out of the amount deposited by the Seoul Northern District Court 201,664,000 won on January 24, 2017 by 101,664,000 won.

Reasons

1. Determination as to the remainder of the Defendants except for Defendant Boban Construction Co., Ltd.

(a) Indication of claims: To be as shown in the annexed complaint in the cause of claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. According to the records in Gap evidence Nos. 1 and 3 as to the plaintiff's claim against defendant Boban Construction Co., Ltd., the facts of the reasons for the claim are acknowledged.

According to the facts of recognition, 5,396,832 out of the deposit money in Macheon City is the plaintiff.

Since Defendant Boan Construction Co., Ltd has paid the construction cost of KRW 514,800,00 to Defendant A, the assignment of the assignment to the Plaintiff by Defendant A is null and void, but it is not sufficient to recognize that the payment of the construction cost was made in full only by the descriptions of the evidence of subparagraphs 1 through 3, and there is no other evidence to acknowledge this otherwise.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted.

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