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(영문) 서울중앙지방법원 2018.05.17 2017가단5147552

공탁금 출급청구권 확인

Text

1. E’s KRW 10,00,000 out of KRW 14,50,000 deposited by the Seoul Central District Court No. 25795 on November 7, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The term of the contract between Defendant C and E was set as 24 months from March 31, 1994 and the term of the contract between Defendant C and E was renewed on April 1, 1996; Defendant C paid 3 million won increased to E on May 15, 1996, and the term of the contract between E and E was changed to 24 months from May 15, 1996. < Amended by Act No. 5187, Apr. 1, 1996; Act No. 5196, Apr. 1, 1996; Act No. 5183, May 15, 1996; Act No. 5209, May 15, 1996; Act No. 5209, May 24, 1996>

B. Defendant C’s claim for the return of the lease deposit against Defendant C (hereinafter “instant claim”) was subject to the Seoul District Court Decision 95Da324526, Jan. 23, 1996, and Defendant C received the attachment and collection order (the above court H and I) from the instant claim on January 23, 1996, and the above decision was served on E on February 16, 1996.2) On February 5, 1996, Defendant C transferred KRW 18 million of the instant claim prior to the increase of the deposit by providing that the said transfer was effective only until June 30, 1996, and notified the above fact to E on February 7, 1996. < Amended by Act No. 5198, Feb. 5, 1996>

On July 7, 1997, Defendant Thai Energy transferred the above bonds to Defendant D, and notified E of the above transfer by content-certified mail on July 11, 1997.

3) On February 5, 1997, Defendant C transferred KRW 1 million out of KRW 21 million to J, and on April 25, 1997, Defendant C notified the above transfer by content-certified mail to E. 4, 1997. Defendant C transferred KRW 2.1 million to K on November 8, 2001, and on December 4, 2001, written a money deposit (Evidence A No. 1) as of October 19, 201, but it appears to be a clerical error.

E notified the transfer by content-certified mail.

5 Defendant C.