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(영문) 대구지방법원 2020.01.09 2019가단121619

공탁금 출급청구권 확인

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1. A school juristic person G makes a claim for withdrawal of KRW 50,758,00 deposited by this Court No. 2965 on May 16, 2019.

Reasons

1. Demand against the defendant (appointed party);

A. The facts of recognition (1) The Plaintiff’s credit acquisition (A) Defendant D Co., Ltd. (hereinafter “D”) is a company that entrusts group meal service management.

(B) On April 27, 2011, Defendant D entered into a contract with the Plaintiff for the provision of food materials from the Plaintiff, and the Plaintiff: (i) the transfer of claims to a third party obligor for the repayment of the price claim (hereinafter “transfer contract of this case”); (ii) the transfer of claims to the third party obligor; and (iii) the power of attorney to put the claims to be assigned under the contract and the assignment of claims into the contract and to notify the assignment of claims.

(C) On November 2, 2018, the Plaintiff notified a school juristic person G (hereinafter “G”) based on the instant assignment contract, and notified the Defendant D by content-certified mail that “The Plaintiff would have received the Defendant D’s claim against G, and would have paid an amount of KRW 13.4 million up to that time.”

The notification was reached on November 5, 2018.

(2) The designated parties to the provisional seizure between the Defendant (Appointed Party) and the designated parties to the provisional seizure, H received on December 13, 2018 the provisional seizure order of KRW 16,579,000 in total as to the claims against Defendant D’s G, as the parties to the provisional seizure between the Defendant (Appointed Party) and the remaining designated parties (hereinafter collectively referred to as “Defendants”).

(Court 2018Kadan4652) G was served on December 14, 2018.

(3) On May 16, 2019, G deposited 50,758,000 won with the Plaintiff and Defendant D as the deposited person.

(2019No. 2965; hereinafter “instant deposit”). G was based on the fact that the cause of deposit was the cause of the deposit. G was stated in the Plaintiff’s notice of transfer and the Defendants’ provisional attachment decision as to Defendant D’s claim, and was based on the underlying statutes, Article 487 of the Civil Act, Articles 248(1) and 291 of the Civil Execution Act were included in the latter part of Article 487 of the Civil Act

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, pleading.