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(영문) 청주지방법원 2020.11.26 2020가단26010
공탁금 출급청구권 확인
Text

1. On April 7, 2020, the Plaintiff and the Defendants deposited by Cheongju District Court No. 843 on April 7, 2020 by Cheongju District Court 83,830.

Reasons

1. Facts of recognition;

A. On June 23, 2015, Defendant C entered into a contract with the Plaintiff on the transfer and takeover of claims between the Plaintiff and the Plaintiff regarding the claim for the refund of lease deposit with respect to building G of the Chungcheong F Building (hereinafter “instant lease deposit claim”) to the Plaintiff. On the same day, Defendant C notified E corporation of the said transfer by mail, and the said notification was served on E corporation on June 25, 2015.

(hereinafter referred to as “transfer of first claim of this case”). (b)

Defendant C entered into a contract with Defendant D for the transfer and takeover of the claim of KRW 89,00,000,000 for the refund of the lease deposit of this case between Defendant D and Defendant D, and notified E Co., Ltd. of the said transfer. On August 23, 2019, the above notification was served to E Co., Ltd.

(hereinafter “Transfer of Claim No. 2”) C.

Co-Defendant H Co., Ltd. (the decision of recommending reconciliation) received a claim amounting to KRW 5,228,194 on February 14, 2020 with respect to the claim amounting to the refund of the lease deposit of this case. The above decision was served on E Co., Ltd. on February 14, 2020.

(hereinafter “instant claim seizure and collection order”). D.

When the assignment of each of the instant claims and the seizure and collection order were overlapped with respect to the above lease deposit claims, the depositor E Co., Ltd. indicated the deposited person as “Plaintiff, Defendant D, and Defendant C” on April 7, 2020, and deposited KRW 83,830,530,000, which is the remainder after deducting the overdue rent and other expenses from the lease deposit (hereinafter “the deposit of this case”).

2. Determination

A. The parties’ assertion and key issue of this case 1) The Plaintiff’s transfer of the first claim of this case is the highest order and the deposit of this case is the mixed deposit. Thus, the deposit of this case from the date following the basic date of the loan (as of April 16, 2020, the principal and interest of the loan and the principal of the loan shall be deposited.

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