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(영문) 부산지방법원 서부지원 2018.10.24 2018가단2446

공탁금출급권자확인

Text

1. On October 31, 2017, 81. The Busan District Court Seo- Branch, was deposited as Geumsung District Court No. 1636, 2017.

Reasons

1. Facts of recognition;

A. On August 29, 2016, Defendant A transferred to the Plaintiff the claim amounting to KRW 18,302,000, out of the purchase price claim (hereinafter “the instant claim”) against the HysungDte Co., Ltd. (hereinafter “HysungD”) (hereinafter “instant claim”). On August 31, 2016, Defendant A issued a notice of the assignment of claim to the HysungDte.

B. On October 31, 2017, the New Sungsungte deposited KRW 81,151,100 on the ground that the assignment of claims, provisional attachment, seizure, etc. are concurrent, as shown in the attached list, with respect to the above-price claim, as indicated in the attached list.

(Supplementary branch of Busan District Court Decision 1636, No. 1636, 2017; hereinafter "the deposit of this case"). [Grounds for recognition] against Defendant A and C: The facts that there is no dispute against Defendant B and D: Each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings.

2. The heating between the assignee of the claim and the executor of the provisional seizure or seizure order as to the same claim as to the same claim, is determined by the date and time when the notice of assignment with the fixed date reaches the obligor and the original copy of the decision of provisional seizure or seizure order reaches the garnishee (see, e.g., Supreme Court en banc Decision 93Da24223, Apr. 26, 1994). In a case where the claim is transferred in duplicate, the highest order between the assignee is determined by the date and time when the notice of assignment with the fixed date is delivered to the obligor or when the consent with the fixed date with the fixed date is delivered (see, e.g., Supreme Court Decision 28, Jun. 28, 2013). According to the above facts, according to the above facts, the arrival date of the notice of assignment of claim with the fixed date of the Plaintiff is earlier than the arrival date of the remaining notice of assignment of claims except for those of both E and the Defendant B from among the

On the other hand, the amount of credit acquired by E is KRW 14,465,07 and the amount of claim for the provisional attachment decision made by Defendant B is KRW 8,856,100 in total is merely KRW 23,321,17 ( KRW 14,465,07 KRW 8,856,100). However, E’s acquisition of credit and Defendant B’s acquisition of credit.