공탁금 출급청구권 확인
1. E’s KRW 30,00,000 out of KRW 38,540,410 deposited by the Seoul East Eastern District Court Decision 2018, Sept. 19, 2018.
1. In addition to the purport of each statement in Gap evidence Nos. 1 through 4 as to the cause of the claim, defendant B entered into a lease contract with the purport of 50,00,000 won for the lease deposit on March 30, 2017 as to the right-hand side of the first floor of Songpa-gu Seoul building, 2,700,000 won for the rent, from March 27, 2017 to March 26, 2019 (hereinafter referred to as "lease of this case"), the lease contract was concluded between March 27, 2017 and March 26, 2019 (hereinafter referred to as "the lease of this case"), the Plaintiff loaned KRW 30,00,000 to the defendant B on November 14, 2017, and written a notarized promissory note on it on November 22, 2017, and the Defendants transferred KRW 30,000,000 for the above transfer bond of this case to the Plaintiff.
According to this, the notification of the assignment of claims with the fixed date to the Plaintiff reached E on November 28, 2017, and the claim for payment of deposit equivalent to the above amount of the claim occurs to the Plaintiff. This takes precedence over the claim of Defendant C Co., Ltd., for which the notification of the assignment of claims was given, and thus, the claim for payment of deposit amount of KRW 30,000,000 equivalent to the Plaintiff’s claim amount among the Plaintiff and the Defendants is the Plaintiff.
2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.