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(영문) 서울중앙지방법원 2017.06.22 2016가단5003020

공탁금출급청구권확인

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1. On November 26, 2013, the Seoul Central District Court deposited 234,020,340 won as Seoul Central District Court Order 2013 Gold 24520, whichever is earlier.

Reasons

1. Facts of recognition;

A. The conclusion and termination of the instant lease agreement 1) Defendant B and C agreed to engage in a wedding business and engage in a wedding business. The Defendants become a joint lessee and become a joint lessee on February 1, 2012 (hereinafter “Nonindicted Company”).

(2) On February 1, 2012, Defendant D agreed with Defendant B, C, and Nonparty C to become a co-resident under the above lease agreement with the same content as before the previous lease agreement, and written lease agreement on February 1, 2012, with the same content as before, except for the addition of Defendant D as a lessee.

After December 18, 2012, the lease deposit of the above lease contract was finally changed to KRW 600 million (hereinafter “the lease deposit of this case”) and KRW 25.3 million (hereinafter “the lease deposit of this case”).

(3) On October 31, 2012, the non-party company terminated the instant lease agreement on the ground of the delinquency in rent for at least two years. (b) On March 26, 2012, the Defendant B transferred 91 million won out of the lease deposit under the instant lease agreement to the Smaman Savings Bank Co., Ltd. (hereinafter “Smaman Savings Bank”), one of its creditors, as the mortgage security, to the non-party company. On March 17, 2013, the content-certified mail containing the purport of the transfer reaches the non-party company.

After that, on October 30, 2013, the above loan claims against Defendant A of Sma Savings Bank were transferred to OSB Savings Bank (hereinafter “SSB Savings Bank”) upon a decision to transfer contracts by the Financial Services Commission. In other words, on June 29, 2015, the above loan was transferred to Defendant B pursuant to the asset acquisition agreement.

2. Meanwhile, Defendant B and C on November 22, 2012.