공탁금 출급청구권 확인
1. As between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) F and the remaining Defendants, G Co., Ltd. on December 31, 2019.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. Defendant F seized the claim of KRW 13,439,687 among the claim for the purchase price of goods that Defendant B is required to receive from G (hereinafter “instant claim for purchase price of goods”), as the Seoul District Court 2019Kadan302, Sept. 24, 2019, the Jeonju District Court 2019Kadan302.
B. On November 5, 2019, Defendant B entered into an agreement on the assignment of claims between the Plaintiff and the Plaintiff to transfer KRW 17,728,080 out of the claim for the price of the instant goods to the Plaintiff. On the same day, Defendant B notified the said assignment to G by mail verifying the content.
C. On December 12, 2019, Defendant C provisionally seized the claim amounting to KRW 14,793,700 among the instant claim for the purchase of the instant goods by the Jeonju District Court 2019Kadan383.
Defendant D received a collection order as to KRW 11,728,00 among the instant claim for the purchase price of the instant goods as the Seoul Central District Court 2019TT9966.
E. Defendant E provisionally seized the claim amounting to KRW 15 million out of the instant claim for the instant goods as Seoul Central District Court 2019Kadan82270.
F. The date when the assignment notification, the provisional seizure or the seizure order of each of the above claims is served to G is set forth in the following table:
(A) On September 24, 2019, the seizure and collection order 2A C 14,793,700 of the assignment of claims on December 17, 2019, the provisional seizure and collection order 4D 11,728,000 of the provisional seizure 4D 4D 15,000 on December 24, 2019, the collection order 5 E15,000,000,000 on December 24, 2019 and 5 E15,68,689,467 of the provisional seizure and collection order on December 27, 2019.
G. Meanwhile, on the other hand, G was served with each of the above notice of assignment of claims, etc., and on the ground that the reason for repayment deposit with creditors under the latter part of Article 487 of the Civil Act on January 2, 2020 and the reason for execution deposit under Article 248(1) of the Civil Execution Act occurred together, and on the other hand, G was the principal and the defendant as Seoul Southern Southern District Court No. 5827, 2019, 22,069, 369 won or less.