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(영문) 수원지방법원 2018.07.04 2017가단529461

공탁금출급청구권확인의 소

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1. The Defendants: (a) deposited money deposited by the Suwon District Court No. 6497, Aug. 2, 2017 by the N Co., Ltd. with the Suwon District Court Decision No. 384,269,778.

Reasons

1. Facts of recognition;

A. On May 17, 2017, the Plaintiff entered into a contract with L corporation (hereinafter “L”) to transfer KRW 117,170,137, out of the goods price claim against LN corporation (hereinafter “N”), with the content that the Plaintiff is transferred KRW 117,170,137.

(hereinafter) At the time, the Plaintiff was delegated with the authority to notify the assignment of claims by L, and on May 23, 2017, notified N of the assignment of claims with a fixed date by content-certified mail, and the notification was delivered on May 24, 2017.

B. The Plaintiff filed an application against N in the Suwon District Court for a payment order with respect to the above claim for the amount of money transferred to the Plaintiff, which was issued on July 11, 2017, and the said payment order became final and conclusive on July 28, 2017.

C. As to L’s claim for the purchase price of goods, the Plaintiff, as shown in attached Table 1, was co-defendants, such as the Defendants, who are other creditors of L, as shown in attached Table 1, but the Plaintiff withdrawn the lawsuit.

This assignment of claims, provisional seizure and seizure were made. D.

N deposited KRW 384,269,778 with L, Defendant B, and Defendant D, E, E, F, G, H, the Plaintiff, and Defendant J Co., Ltd. for the deposit of KRW 384,269,78 as the Suwon District Court 6497 in 2017 (hereinafter “the deposit of this case”). As to L’s claim for price of goods, “N is liable to pay the price of goods to L as the reason for deposit, and it is difficult to know the validity and priority of payment because the claims transferred from provisional attachment, provisional attachment, and assignment of claims are concurrent.”

[Evidence: Evidence Nos. 1, 2, 4, 5, 6, the fact that there is no dispute, and the purport of oral argument]

2. Determination

(a)The deposit of judgment on the cause of the claim is made under the responsibility and judgment of the depositor, and the depositor is his own will.