공탁금출급청구권확인
1. Green Cross Co., Ltd. was deposited by Suwon District Court No. 4248, 2015, among the amount of KRW 50,241,448.
1. The following facts may be acknowledged in light of Gap evidence 1 to 3, Gap evidence 5, Eul evidence 6, Gap evidence 7-1 to 3, Gap evidence 8-1, 2, Eul evidence 9, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 3, Eul evidence 4, part of Eul evidence 4, Eul evidence 5, Eul evidence 7-1 to 8-2, Eul evidence 9, Eul evidence 1, Eul evidence 2-2, Eul evidence 2-3, Eul evidence 4, Eul's testimony, and the whole purport of the pleadings as a whole, and there is no counter evidence.
The Plaintiff has a claim for the “60 million won and damages for delay,” based on the executory payment order (No. 2015Da8766) rendered by the Suwon District Court for the manufacturer of electronic parts of the trade name “D” (hereinafter “D”), which is registered as Defendant B’s business entity.
B. On February 5, 2017, the Plaintiff entered into a contract with Defendant B to receive the assignment of claims (hereinafter “transfer claim in this case”) with respect to KRW 77,110,528 with respect to the claim held by D with respect to the white exemption mers (hereinafter “depositer”) of the Co., Ltd. (hereinafter “the instant transfer claim”). On February 5, 2015, the notification of the transfer of claims in Defendant B, who notified the transfer, reached the depositor on February 5, 2015, and thereafter, the Plaintiff received a collection order to transfer the claim, provisional attachment and provisional attachment as to the “transfer claim in this case,” and each of such decisions, etc. reached the depositor.
C. On the other hand, B.
Before the notification of the assignment of claims under this subsection, the notification of the assignment of claims under Defendant B, stating that “Defendant B transferred KRW 6,853,000 to Defendant A,” reached the depositor on December 29, 2014, and the depositor sent e-mail to the e-mail address E used by Defendant B by Defendant B as the e-mail on January 30, 2015, and confirmed whether he/she did not object to the assignment of claims (the recipient is not the “F,” but the “D Company B/F,” respectively.