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(영문) 수원지방법원 평택지원 2016. 06. 16. 선고 2016가단573 판결

공탁금출급청구권확인[국승]

Title

Confirmation of Claim for Payment of Deposit

Summary

It is confirmed that the Plaintiff had the right to claim the payment of the instant deposit.

Related statutes

Article 248 of the Civil House Administrative Court

Cases

Confirmation of claim for payment of deposit money 2016Kadan573 Deposit Payment in Suwon District Court

Plaintiff

New Korea Stock Exchange, Inc.

cite a claim

Defendant

Republic of Korea and 3

Article 208(3)3 of the Civil Procedure Act (by service by public notice)

[Judgment]

BB, CCP: Article 208(3)2 of the Civil Procedure Act (i.e., Article 208(3)2

White State Judgment)

2. Determination on the claim against Defendant Republic of Korea

between the assignee of the claim and the person executing a provisional attachment or attachment order in respect of the same claim;

The date of receipt of the notice of assignment with a fixed date to the debtor, and the decision of provisional seizure or seizure;

A copy shall be determined by the date and time after the said copy reaches the garnishee (see, e.g., Supreme Court Decision 201Da1448, Apr. 26, 19

See Supreme Court Decision 93Da24223, et al.). In the absence of dispute, pleadings are made in each entry of evidence A1 through 7.

In full view of the overall purport of the judgment below, Defendant A AA PPki, Inc., Ltd., on July 15, 2015

121,287,415 won claim against the Company was transferred to the Plaintiff, and the claim is transferred to the assignment of the claim.

on October 13, 2015, the notice of transfer with a certified fixed date reaches the Dump Co., Ltd.

on October 22, 2015, a copy of the decision of the seizure order of liquor tax secretary reaches the Dump Co., Ltd.;

D In the case of the Suwon Concom Co., Ltd, on December 22, 2015, the aforementioned transferred claims are part of the transferred claims to the Suwon District Court of Suwon District.

40,790,596 Won 40,790 is recognized to have been deposited in the year 2015 gold No. 3323, with a fixed date prior to such deposit

the plaintiff, after the notification of transfer, has given priority to the seizure of the defendant's service to the D indics Co.

Therefore, the plaintiff and defendant Republic of Korea have the right to claim the payment of the deposit of the 2015 Deposit No. 3323 between the plaintiff and defendant Republic of Korea.

The defendant's Republic of Korea is disputing this, so there is a benefit of confirmation.

3. Conclusion

Conclusion of Pleadings

May 26, 2016

Imposition of Judgment

June 16, 2016

Text

1. The Defendants confirm that the Plaintiff is the Plaintiff’s right to claim the payment of deposit money of KRW 40,790,596 deposited with the Suwon District Court of Suwon District in the year 2015 Deposit KRW 3323.

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

The same shall apply to the order of the Gu office.

Reasons

1. Determination as to the claim against Defendant AA PP, BB, andCC stations in a limited partnership

(a) Description of the claim;

It is as shown in the attached Form.

(b) Applicable provisions;