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(영문) 수원지방법원 2013.08.23 2012가합21631

공탁금출급청구권확인

Text

1. Between the Plaintiff and the Defendants, P Co., Ltd. deposited as Suwon District Court No. 8565 on November 6, 2012.

Reasons

1. Basic facts

A. The Plaintiff owned a loan claim amounting to KRW 325,00,000 against Defendant B Co., Ltd. (hereinafter “B”). However, on May 21, 2012, Defendant B transferred KRW 325,00,000 to the Plaintiff out of the goods-price claim (hereinafter “the instant claim”) held by Defendant B against Nonparty B Co., Ltd. (hereinafter “P”) (hereinafter “P”) on the grounds that Defendant B was unable to repay the said loan by the due date. On May 24, 2012, the Plaintiff obtained the fixed date in the instant contract for the assignment of claims; and on May 30, 2012, the Plaintiff sent the said notice by content-certified mail to P on June 4, 2012.

In the notice of assignment of the instant case, “A” is indicated in “B” as “the former creditor, transferor, and “B” as “B representative director Q,” and “B representative director R,” respectively. In addition, the instant letter of assignment of claims (Evidence A 6) is attached to the instant letter of assignment of claims, and the instant letter of assignment of claims is indicated as “B, a claim transferor,” and under which Q’s signature and seal impression are affixed to Q.

Detailed contents of the notice of assignment of the instant case are as follows.

The assignee, who is the sender, was authorized to give notice of the assignment of claims in accordance with Article 6 of the Credit Transfer and Receipt Contract, attached to the foregoing, to the obligor from the former obligee, and thus the assignee notifies that the assignee and the receiver have taken over the claim of the obligor, which is the transferor and receiver.

section 325,00,000 of the value of the goods held by the previous creditor (transferor) against the addressee (debtor)

B. Meanwhile, with respect to the instant claims, the Plaintiff and the Defendants indicated below.