공탁금 출급청구권 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts - Green Business Co., Ltd. (hereinafter referred to as "green Business") shall enter into a contract for laundry service with a stock company (hereinafter referred to as "Seundry service") and provide laundry service on the 26,642,154 won (hereinafter referred to as "laundry service claim of this case") and hold a claim for laundry service payment of KRW 26,642,154 (hereinafter referred to as "laundry service claim of this case").
On April 20, 2017, the Plaintiff and Cream Business drafted a contract to transfer claims to the Plaintiff (hereinafter “instant contract to transfer claims”) regarding the 30th day of the commencement of the business, and the said contract to transfer claims were written as follows:
The amount of claim: 46,630,570 won claim: LPG amount receivable - on April 20, 2017, the CPG account amount was served by mail and on April 20, 2017. On the same day, the above content certification reached the nomenclature, and the transfer claim was entered the same as the transfer contract.
On the other hand, on May 4, 2017, the Defendant acquired KRW 13,491,890, out of the instant laundry service claims from the Green business, and the notice of the assignment of claims at the time was reached on the 13,491,890.
In addition, on July 10, 2017, the Defendant received a seizure and collection order concerning the instant laundry service claim (the above court 2017TTT 34951), and on July 13, 2017, the above seizure and collection order reached the 13,586,490 won.
On July 24, 2017, 201, 26,642,154 won of laundry service is obligated to be returned to the green business. However, on the above debt, the deposit was made in accordance with the latter part of Article 487 of the Civil Act and Articles 291 and 248(1) of the Civil Execution Act on the ground that the assignment of claims and provisional seizure of claims by many creditors, including the Plaintiff and the Defendant, and the collection order was issued, with respect to the above debt, in accordance with the latter part of Article 487 of the Civil Act and Articles 291 and 248(1) of the Civil Execution Act.
(hereinafter referred to as “instant deposit”).