공탁금 출급청구권 확인
1. F is about KRW 37,660,60,600, out of KRW 47,648,300 deposited by the Seoul East Eastern District Court No. 1125 in 2016, Apr. 7, 2016.
1. Basic facts
A. On January 25, 2016, the Plaintiff set the amount of KRW 17,00,000 to Defendant C as the agreed interest rate of KRW 27.6% per annum and overdue interest rate of KRW 34.8% per annum.
B. On January 25, 2016, Defendant C transferred to the Plaintiff the right to refund the lease deposit amount of KRW 50,000,000 to its own F with a view to securing the Plaintiff’s obligation to borrow loans, and notified the fact of the assignment of the claim with a content certification, and the content certification reached F on January 28, 2016.
C. In addition, on October 13, 2015, Defendant C entered into a contract with Defendant D Co., Ltd to transfer KRW 30,000,000 out of the deposit for lease, and the fact of assignment of the claim reaches F on February 3, 2016.
In March 2, 2016, Defendant C did not pay the health insurance premium of KRW 3,836,550, the National Health Insurance Corporation seized the above lease deposit.
E. Upon Defendant C’s default of national taxes, Defendant C seized KRW 1,782,310 on the above lease deposit, and KRW 6,781,690 on the Trade Union and Labor Relations, respectively. The amount of delinquent taxes on the Trade Union and Labor Relations Management were paid, and the amount of delinquent taxes on the Trade Union and Labor Relations Management was revoked on March 18, 2020, and the amount of delinquent taxes on the Trade Union and Labor Relations Management Report remains in KRW 1,968,810.
F. On April 7, 2016, F deposited KRW 47,648,300 with the Seoul Eastern District Court KRW 1125,00,000 after deducting public charges, etc. from the lease deposit of KRW 50,00,00 on account of the foregoing notification of assignment of claims and seizure of claims (hereinafter “instant deposit”). As of July 21, 2020, the date of closing argument of the instant case, the principal and interest of the Defendant C’s loan obligation against the Plaintiff is KRW 37,66,60,60.
[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 3 evidence, Eul 4 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Plaintiff’s transfer of claims with a certificate with a fixed date prior to completing the assignment notification, seizure, etc. of claims by Defendant D Co., Ltd, National Health Insurance Corporation, and Korea.