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(영문) 의정부지방법원 2018.07.17 2017가단113952

공탁금 출급청구권 확인

Text

1. Between the Plaintiff and Defendant B, Nonparty J, K, L, and M on May 24, 2017 to deposit officials of this Court on May 24, 2017.

Reasons

1. Basic facts

A. On March 25, 2016, the Plaintiff and Defendant B drafted a joint agreement on the operation of NE (O) at the Government-si of Jung-si.

Under the above agreement, the plaintiff shall invest and manage KRW 210,000,000,000 for the rental deposit and operating funds, and the defendant B shall take charge of the operation, business management, and business of the store.

B. On March 25, 2016, a notarial deed of a loan for consumption was drawn up between the Plaintiff and Defendant B, stating that the Plaintiff loaned the Defendant B with the maturity of KRW 252 million until April 25, 2016.

C. (i) On March 26, 2016, Defendant B and Nonparty J drafted a commercial building lease agreement between Defendant B and Nonparty J, which stipulates that deposit amount is KRW 200,000,000, and the period is as of February 9, 202.

Luxembourg The above contract states that the plaintiff is entered as a joint name of the tenant, and the deposit amount of KRW 200 million is returned to the plaintiff as stipulated in the special agreement. Meanwhile, there is a receipt of KRW 200 million prepared by J to the plaintiff and defendant B.

【Defendant B” has completed business registration with Nonparty P and operated Mart.

On May 24, 2017, the lessor, including J, entered into an agreement similar to the assignment of claims between the Plaintiff and the Defendant B on the lease agreement, and, on the grounds that the seizure was conducted by being notified of multiple kinds of claims seizure, collection order, provisional seizure, assignment of claims, etc., as follows, designated the deposited person as the Plaintiff, Defendant B, and C pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, and deposited KRW 10 million (the balance of the deposit after the deduction of delayed monthly rent, etc.).

The defendant's case number debtor 3 debtor (finally), the claimed amount on the date of service 2016TT 2016TT 12161 and B J, K,L, andM (hereinafter "J, etc.") on September 28, 2016. 60,000 E Seoul Northern District Court 2016Kadan22731 claims provisional seizure BJ, etc. < Amended by Presidential Decree No. 27114, Nov. 18, 2016; Presidential Decree No. 272731, Nov. 24, 2016>