beta
(영문) 서울중앙지방법원 2021.03.18 2019가합577777

공탁금 출급청구권 확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, on April 22, 2019, lent to Defendant I Co., Ltd. (hereinafter “Defendant I”) KRW 350,000,000 as of April 22, 2019 at a rate of 24% per annum for delayed damages on April 29, 2019, and owned the Plaintiff’s loan and interest claim amounting to KRW 400,269,70 as to I.

On April 22, 2019, Defendant I transferred to the Plaintiff the claim amounting to KRW 400,269,770 out of the claim amounting to KRW 589,089,345 (hereinafter “the claim of this case”) against Nonparty L Co., Ltd. (hereinafter “L”) (hereinafter “the claim of this case”) on April 22, 2019, and the subsequent notification of transfer that became final and conclusive reached L on April 23, 2019.

B. The remaining Defendants, other than Defendant I, owned the claim against Defendant I. However, Defendant I transferred part of the instant claim against L to the said Defendants, and the subsequent notification of transfer reached L.

The following table is provided if Defendant I arranged the details of the assignment of claims and the arrival date of the notification of the transfer.

On March 27, 2019, after receipt of the notice of transfer, L paid KRW 10,000,000 out of the above amount to Defendant B Co., Ltd., 168,852,450 on the date of receipt of the notice of transfer (unit: the source).

On March 14, 2019, Defendant C 41,856,395, March 15, 2019, Defendant D 228,383,052, March 15, 2019, Defendant D 59,54,650, March 15, 2019, Defendant F58,238,7619, March 21, 2019, Defendant G 65,546,680,680, April 5, 2019, Defendant H41,753,800,000 on April 9, 2019, Defendant J 40,269,70,700, Defendant J 31, 565, 205, 2045, 2015;

On April 10, 2019, M Co., Ltd. received a provisional attachment order of KRW 12,484,890 (Seoul Eastern District Court Decision 201Da50983, Apr. 12, 2019) from the creditor M Co., Ltd., Ltd., and the debtor L Co., Ltd., Ltd., and the debtor L Co., Ltd. was served on Apr. 3, 2019.

(d)

L = on April 29, 2019, the Seoul Central District Court No. 11025, 2019, which made the Plaintiff and the Defendants as a person who is a good customer, and L is Defendant I.