공탁금 출급청구권 확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. B (the Co-Defendant of the first instance trial; hereinafter referred to as “B”) confirmed the claim to be paid KRW 40,000,000 to D by March 31, 2018 (hereinafter referred to as “instant claim”) in accordance with the Jeju District Court Decision 2016Kadan9628 (Mains) and 2016Kadan12853 (Counterclaim).
B. B transferred the instant claim to the Plaintiff on February 28, 2018, and notified D of the transfer by means of a certificate with a fixed date, and the said notification was served to D on March 5, 2018.
C. On March 6, 2018, the Defendant: (a) filed an application for provisional attachment of a claim with D as a third debtor; (b) issued a provisional attachment order by Jeju District Court 2018Kadan254 on the same day; and (c) the provisional attachment order was served on D on March 8, 2018.
D On March 9, 2018, the Jeju District Court Decision 2018 No. 394, stating that “D bears the instant obligation to B or the Plaintiff,” as the fact of the cause of deposit, that “D was notified that it transferred the instant claim to the Plaintiff on February 28, 2018 from the representative director E on March 5, 2018. However, in a case where D files a complaint against the Plaintiff, F was identified as the actual operator, and thus, F was identified as the actual representative director, and it is doubtful that the instant claim assignment made by the representative director E is a debt assignment by F, and that there is a question as to the instant claim assignment by unauthorized Representation.” Meanwhile, “The Jeju District Court 2018Kadan2544 decided provisional seizure against the instant claim by the Defendant was served on March 8, 2018,” Article 281(2)9(1) of the Civil Act and Article 48(2)7(4) of the Civil Act was also deposited.”
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading
2. Determination
(a) Deposit as to whether or not any benefit of confirmation is made shall be borne by the depositor.