공탁금 출급청구권 확인
1. Between the Plaintiff and the Defendants, the E Cooperatives deposited by the District Court of Jung-gu District on November 5, 2009 as the Jung-gu District Court No. 2019 Gold 5981, Nov. 5, 2009.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) holds a claim for the price of goods against E Cooperatives (hereinafter “Cooperatives”). The Plaintiff is a stock company to which the claim for the price of goods was transferred from Defendant B; Defendant C is a stock company to which the claim for the price of goods was assigned; Defendant C is subject to the decision of provisional seizure against the claim for the price of goods; and Defendant D is subject to the order of seizure and collection as to the claim for the price of goods.
B. As of August 3, 2018, the Plaintiff indicated 100,000,000 won as of September 4, 2018, 100,000,000 as of September 1, 2018, and 100,000,000 as of October 1, 2018, and 300,000,000 as of October 10, 2018, and 400,000,000,000 as of November 30, 2018, and 40,000,000,000 won as of November 30, 208 (hereinafter collectively referred to as “8.3,00,000 won”) of credit sales claims that the Plaintiff acquired from Defendant B (hereinafter referred to as “each acquisition agreement”).
C. On the date of conclusion of each transfer agreement of this case, the Plaintiff sent to the cooperative by content-certified mail along with the pertinent contract for transfer of credit, the notice of transfer of credit signed with Defendant B’s corporate seal imprint, and the certificate of seal impression attached to Defendant B’s corporate seal imprint. On October 11, 2018, the content-certified mail pertaining to the transfer of credit reaches on October 3, 2018, and on November 30, 2018, respectively.
As to the claim for the amount of goods 37,574,471 won against Defendant C’s cooperative, Defendant C and the debtor as the cooperative of Defendant B and the third debtor, the Government District Court No. 2019Kadan202630, hereinafter referred to as Defendant C’s provisional attachment order on the claim for provisional attachment against Defendant C.
B On September 9, 2019, the decision of provisional seizure of claims by Defendant C was served on the cooperative on September 16, 2019.
E. Defendant D’s purchase price claim against Defendant B’s cooperative.