공탁금 출급청구권 확인
1. All of the claims filed by the Defendant (Counterclaim Plaintiff), the Defendant (Counterclaim Plaintiff, and the appointed party) shall be dismissed.
2. G. G.
1. Facts of recognition;
A. The Plaintiff is a company whose main purpose is to supply comprehensive food materials.
Defendant C (hereinafter “Defendant C”) is a company with the main purpose of group meal service consignment management, etc., and the designated parties listed in the attached Table 2, including the Defendant-Counterclaim Plaintiff E (hereinafter “Defendant E”) and the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Party F (hereinafter “Defendant F”), etc. (hereinafter “designated parties”) are workers retired from their service in Defendant C.
B. On April 27, 2011, the Plaintiff entered into a continuous commodity supply transaction agreement between Defendant C and the Plaintiff on the basis that the Plaintiff supplied food materials to Defendant C and received goods payment for the food materials supplied on the 30th day of each month from Defendant C (hereinafter “instant supply agreement”).
C. On the same day of the conclusion of the instant supply agreement, Defendant C entered into a contract between the Plaintiff and the third party obligor to transfer en bloc the claim for the price of goods to the third party obligor that the Defendant C currently holds or will hold in the future (hereinafter “instant contract”).
On the same day, Defendant C also prepared and delivered to the Plaintiff a third-party obligor and a third-party obligor a letter of delegation (hereinafter “instant letter of delegation”) with the content that the list of claims to be transferred is a blank (hereinafter “instant contract”), and a letter of delegation with the third-party obligor under the notice of assignment of claims and the transfer contract (hereinafter “the letter of delegation”).
Since then, the Plaintiff supplied food materials to Defendant C by October 2018 in accordance with the instant supply agreement, but did not receive the total amount of KRW 1,910,124,376.
E. Accordingly, on October 2018, the Plaintiff: (a) around 2018, on the list of 28 bonds held by Defendant C from Defendant C with financial institutions and customers; and (b) the total sum of the bonds in which the debtor and the amount of credit have been settled; (c) 1,901,148,09