공탁금출급청구권확인
1. The Defendants: (a) the Geum River valves Co., Ltd. deposited on Oct. 14, 2015 by the Ulsan District Court No. 3969, Oct. 14, 2015.
1. Facts of recognition;
A. 1) The Plaintiff entered into a contract for transfer and acquisition of sales bonds. The Plaintiff’s roof mine Co., Ltd. (hereinafter “louse mine”).
(2) The Plaintiff and Defendant Auction’s agreement on the transfer of sales bonds (hereinafter “the transfer of claims in this case”) with the purport of providing KRW 491,880,143 to the Plaintiff as the subject matter of transfer to the Plaintiff in order to secure the payment of the price of the goods, and the Plaintiff and Defendant Auction’s agreement on the transfer of sales bonds (hereinafter “the transfer of claims in this case”).
(2) After the conclusion of the instant contract for the assignment of claims, the Plaintiff and Defendant Maok added the details of the transfer of sales claims, which constitute the subject matter of security for transfer, as of February 12, 2014 and February 28, 2014. According to the foregoing, the amount of claims against the gold valve (hereinafter “gold valve”) that Defendant Maok transferred to the Plaintiff is KRW 676,863, Jan. 28, 2014; KRW 42,122,938, Feb. 13, 2014; KRW 9,508,576, Feb. 28, 2014; KRW 52,308,377 won in total (= KRW 676,863 won, KRW 42,938,508,508,576).
3) In addition, on March 18, 2014, the Plaintiff and Defendant Hok drafted an agreement attached to the agreement on the transfer of sales claims for the implementation of the instant contract on the transfer of claims. (b) On April 28, 2014, Defendant Hok delegated the Plaintiff with all of his/her authority to notify the obligor of the transfer of claims regarding the instant contract on the transfer of claims; and (c) on the same day, the Plaintiff notified the Plaintiff of the assignment of claims that “Defendant Hok transferred KRW 52,308,377 to the Plaintiff of the claim against Defendant HUG valves.” On April 29, 2014, the said notification was delivered to the HUG valves. (c) On September 24, 2015, the Plaintiff filed a lawsuit against the Plaintiff, other than the Geum River valve, claiming for the transfer of claims against Busan District Court Decision 2015Na47537, May 37, 2015.