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(영문) 수원지방법원 2017.01.26 2016가단520108

공탁금출급청구권확인 청구의 소

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1. C: (a) KRW 115,915,718, out of KRW 200 million deposited by the Seoul Southern District Court No. 1321, March 17, 2016.

Reasons

1. Basic facts

A. On September 29, 2014, Defendant Non-Indicted 1 Co., Ltd. (hereinafter referred to as “Defendant Non-Indicted 21”) drafted the instant No. 1 Deed: (a) on September 29, 2014, Defendant Non-Indicted 21 and “Defendant Non-Indicted 21 lend KRW 100 million to Defendant B on September 29, 2014; (b) on September 26, 2015, the due date shall be 15% (15% (15%) shall be paid to Defendant Non-Indicted 21; and (c) on order to guarantee Defendant B’s performance of the obligation, Defendant Non-Indicted 1 (hereinafter referred to as “instant No. 1”) indicated in the attached list No. 1 (hereinafter referred to as “instant No. 1”) in the possession amendment of the title “a notarial deed” written by a notary public under the title of “No. 16, 2014.”

B. On November 20, 2015, the Plaintiff drafted the No. 2 No. 2 Deed with Defendant B and “Defendant B shall pay to the Plaintiff the amount of KRW 117,00,000 to the Plaintiff as of November 20, 2015, up to February 27, 2016, the Plaintiff shall pay to the Plaintiff damages for delay at the rate of 15% per annum if the payment is delayed. In order to secure the performance of the Defendant B’s obligation, each of the items listed in the separate sheet owned by the Defendant B (hereinafter referred to as the “as of the next,” each of the instant machinery “as of the instant machinery,” and as of each of the individual machinery, the title of the separate sheet in accordance with the separate sheet in accordance with the attached Form No. 1 as of the instant machinery as of November 1, 2015 was assigned to the Plaintiff by means of the possession amendment.”

C. As between Defendant B and C on December 16, 2015, Defendant B paid KRW 420,000 for each of the instant machines, Defendant B’s payment of KRW 80,000,000 for the intermediate payment of KRW 140,000 for the intermediate payment of KRW 140,000 for the contract deposit at the time of entering into a contract, and the remainder of KRW 200,000 for the remainder on December 13, 2015.