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(영문) 대구지방법원 2020.04.01 2019가단120104

공탁금 출급청구권 확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E’s primary assignment of claims 1) To secure this, E’s claim for the refund of deposit for lease amounting to KRW 400,000,000,000, which it owns with respect to G from H association (hereinafter “instant claim”) in order to borrow KRW 200,000 from H association

After transferring G, on July 26, 2013, G was notified with content certification. 2) H Association transferred the instant claim to G on August 6, 2014, and notified G with content certification as of March 2, 2016.

B. The second assignment of claims and the second cancellation of the assignment of claims to the Plaintiff of E are KRW 300,000,000 on February 24, 2017, and the second assignment of claims to the Plaintiff of E are revoked.

5. Each loan was made in KRW 150,000,000.

E For the same year

6. 5. The Plaintiff paid KRW 50,000,000 to the Plaintiff.

2) On May 24, 2017, E transferred the instant bonds to the Plaintiff to secure the repayment of the said loan, and notified G on October 17 of the same year. 3) On October 29, 2017, E sent to G the “a confirmation and request” with the content that, when the lease contract is terminated, the lease deposit is returned to the Plaintiff.

C. Defendant B, based on the claim amounting to KRW 200,000,000,000 against Defendant C, and the provisional attachment and collection order of Defendant C, Defendant C, based on the claim amounting to KRW 200,000,000,00 for the instant claim (Tgu District Court 2017Kadan4575), was issued a provisional attachment order (Tgu District Court 2017Kadan4575) on November 7, 2017; Defendant C was served on G on the following day. (2) On November 28, 2017, based on the claim amounting to KRW 200,351,20 for E, Defendant C received a seizure and collection order for the instant claim (T Daegu District Court 2017TT 17352), and the said order was served on G on November 30

3) Defendant D Co., Ltd. (hereinafter “Defendant D”)

) On November 30, 2017, based on claims of KRW 269,953,598 against E, Defendant Credit Guarantee Fund was issued a provisional attachment ruling on the instant claims (Tgu District Court 2017Kadan4907) and the said ruling was served on G on December 4 of the same year. 4) Defendant Credit Guarantee Fund was served on G on November 30, 2017.