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(영문) 서울동부지방법원 2014.07.11 2013가단14935

공탁금출급권자확인

Text

1. The Gyeongnam Bank Co., Ltd. deposited in gold No. 792 in Seoul Eastern District Court on February 28, 2013 89,254,290 won.

Reasons

Basic Facts

Plaintiff

The plaintiff asserted that "the plaintiff lent KRW 2.4 billion to E, who is the representative director of D on November 21, 2006, under the joint and several guarantee of D Co., Ltd. (hereinafter "D") on November 21, 2006, the plaintiff lent KRW 2.4 billion to E, who is the representative director of D, and "D" on January 22, 2009.

(2) On February 4, 2009, the Seoul Central District Court applied for the payment order as Seoul Central District Court 2009Da8325, and on February 4, 2009, D received the payment order that “D shall pay to the Plaintiff 2.4 billion won with 60% per annum from November 21, 2006 to June 29, 2007, and 30% per annum from the next day to the date of complete payment.” The above payment order was finalized on February 24, 2009. D 89,827,343 won per annum is F Limited Liability Company (hereinafter “First Company”).

(2) The Company and G Limited Company (hereinafter referred to as the “Secondary Company”)

(1) The amount of claims for withdrawal of deposits remaining after the completion of liquidation following dissolution and closure of business as a resolution of each extraordinary general meeting of the first and second companies with respect to H and II as to September 18, 2012, each deposit account deposited in Gyeongnam Bank in its name. The Plaintiff, with the title of title of the said payment order, is the Seoul Central District Court No. 2013TB17, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”).

) As to the following claims, an application for the attachment and assignment order was filed, and on January 22, 2013, the attachment and assignment order (hereinafter “the first assignment order”) was issued.

(2) On January 25, 2013, the first assignment order was issued to Gyeongnam Bank, and the first assignment order was served to Gyeongnam Bank on February 4, 2013, and the first assignment order became final and conclusive on February 13, 2013. The Plaintiff again filed an application for the attachment and assignment order against D’s first and second companies, Seoul Central District Court 2013TTB2612, with the title of title to the said payment order, and filed an application for the attachment and assignment order on January 25, 2013 (hereinafter “second assignment order”).

B. On February 2, 2013, the second assignment order was served on the Company 1 and the second assignment order was served on February 20, 2013 and on D respectively, and the second assignment order was served on February 20, 2013.