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(영문) 전주지방법원 2015.01.08 2014가단20297

공탁금출급권자확인

Text

1. 42,952. Of the KRW 77,952,580 deposited by the Jeonju District Court No. 1324 on May 19, 2008 by the Jeonju District Court on May 19, 2008

Reasons

1. Basic facts

A. The claim assignment (1) of the transfer of the credit of the Daeungel et al. (hereinafter referred to as the “Maungel et al.”) had the claim amounting to KRW 78,152,580 for the goods such as pharmaceutical products and medical appliances at the Jeonbuk University Hospital (hereinafter referred to as the “claim of this case”).

(2) On February 15, 2008, Mangrax transferred the claim of KRW 52 million, among the instant claims, to Samil Medicine Co., Ltd. (hereinafter referred to as the “Trian Medicine”). On February 20, 2008, on the notice of the said transfer by content-certified mail, the said notice of transfer reached the Jeonbuk University Hospital on February 21, 2008. < Amended by Act No. 8852, Feb. 21, 2008>

(3) On February 20, 2008, Maelte Co., Ltd. entered into a contract for the transfer and takeover of bonds with the effect that KRW 52,350,020 of the instant claims out of the instant claims were transferred to East Asia, and that the authority to notify the transfer was delegated to it.

On February 19, 2008, the East Asia issued the above credit transfer contract with the fixed date date No. 688 of this court's fixed date and notified the transfer to the Jeonbuk University Hospital on February 21, 2008 by attaching the above fixed date with the above credit transfer contract document.

On February 22, 2008, the Jeonbuk University Hospital received the above notice of transfer.

B. The provisional seizure of the instant claim (1) Defendant Jeonbuk Bank Co., Ltd. (hereinafter “Defendant Jeonbuk Bank”) obtained the provisional seizure order on the instant claim by the court 2008Kadan926 on February 29, 2008. The provisional seizure order reached the Jeonbuk University Hospital on February 29, 2008.

(2) Defendant Newcom Co., Ltd received the provisional seizure order against the instant claim by the Seoul Central District Court Decision 2008Kadan41349. The provisional seizure order reached the Jeonbuk University Hospital on March 7, 2008.

(3) Defendant Youngdong Pharmaceutical Co., Ltd. received the provisional seizure order against the claim of this case by Suwon District Court 2008Kadan177, Suwon District Court 2008Kadan177. The provisional seizure order of this case was March 2008.