공탁금출급청구권확인 청구의 소
1. 140,919, which was deposited by the head of Suwon District Court as the Geumwon District Court No. 4288 on November 30, 2016. < Amended by Presidential Decree No. 24288, Nov. 30, 2016>
1. Basic facts
A. On October 19, 2016, Defendant A transferred to the Plaintiff 54,198,00 won (the supply from August 26, 2016 to September 25, 2016) for the purchase price of goods of KRW 84,130,210 (the supply from September 26, 2016 to October 19, 2016) to the Plaintiff, and notified the Plaintiff of each of the assignment of the above assignment of claims by content-certified mail, and the above notification reached an Arabic on October 22, 2016.
B. On October 28, 2016, Defendant A transferred to the Plaintiff a claim of KRW 55 million for the purchase price of goods (from October 20, 2016 to October 28, 2016) to the Plaintiff. On the same day, Defendant A notified the assignment of the said claim by content-certified mail, and the said notification reached the Mas on October 31, 2016.
C. On October 31, 2016, Defendant A notified Defendant A of the assignment of a claim of KRW 150 million for the purchase price of goods of KRW 150,000,000 to the Amasian Co., Ltd., and the said notification reached Amas on November 1, 2016.
After that, the defendant B, the defendant Republic of Korea, and the defendant Ilkex Co., Ltd. received the attachment and assignment order of claims or provisional attachment of claims against the defendant A regarding the claim for the price of goods against the defendant A's mother.
E. On November 30, 2016, on the ground that the validity and priority order of the assignment of claims, etc. cannot be determined, the parent deposited KRW 140,919,046 (hereinafter “instant deposit”) with the Plaintiff or the Defendant Hanyang, Inc., or with the Defendant, pursuant to the proviso of Article 487(2) of the Civil Act and Article 248(1) of the Civil Execution Act, the beneficiary deposited KRW 140,919,046 (hereinafter “instant deposit”).
(No. 4288). 【Ground for Recognition】 without any dispute, Gap 1-3 (including paper numbers), Eul 2-3 evidence, and the purport of the whole pleadings and arguments.
2. Determination
A. In a case where the assignment of claims and the provisional seizure order are concurrent with the one executing the same claim concerning the judgment on the cause of the claim, the priority between them is given.