공탁금 출급청구권 확인
1. 46,00 won out of the deposit money deposited with the Jung-gu District Court No. 2009 in 2018, May 2, 2019 by H Co., Ltd. 47,121,80.
1. Basic facts
A. The Plaintiff entered into a transport contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). From June 2018 to September 2018, the Defendant Co., Ltd. transported the goods, etc. of the Defendant Co., Ltd., and the transport amount unpaid to the Plaintiff was KRW 21,985,500 as of October 15, 2018.
B. On October 22, 2018, the Defendant Company transferred (hereinafter “transfer of claim of this case”) KRW 46 million out of the transport price claim against H Co., Ltd. (hereinafter “H”) to the Plaintiff for the repayment of the Plaintiff’s debt (hereinafter “transfer of claim of this case”).
C. On November 6, 2018, upon delegation by the Defendant Company, the Plaintiff notified the instant assignment of claims by content-certified mail to H, and the said assignment of claims reached H on November 7, 2018.
On November 13, 2018, Defendant Company transferred KRW 49,321,80 of the transport payment claim against Defendant Company H, and KRW 49,321,80 of the transport payment claim against Defendant Company H, to Defendant E, respectively, and notified Defendant E of each of the above assignment of claims on November 15, 2018.
E. On November 19, 2018, the Plaintiff received the Seoul Central District Court Decision 2018Kadan974 regarding KRW 53,00,000, out of the transport cost claim against H by Defendant Company H, and reached H on November 23, 2018.
F. On December 12, 2018, Defendant F received a claim attachment and collection order issued by the District Court 2018TT 2018TT 201 and reached H on December 17, 2018 with regard to KRW 67,672,981 among the transport cost claims against H by Defendant F.
G. On February 22, 2019, Defendant Company transferred KRW 40,000,000 among the transport cost claims against Defendant G with respect to H of the Defendant Company, and notified H of the said assignment of claims.
H. On March 27, 2019, the Plaintiff filed a lawsuit claiming transport cost against the Defendant Company and received a favorable judgment, and seized the above claim against the Defendant Company H in relation to KRW 47,00,000 among the transport cost claim against H by the Seoul Central District Court Decision 2019TT40.