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(영문) 수원지방법원평택지원 2017.05.19 2016가단41055
공탁금출급청구권확인
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Plaintiff (Counterclaim Defendant) and Defendant C and Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

1. Basic facts

A. On April 13, 2011, Defendant B entered into a lease agreement with Nonparty E on the first floor of Pyeongtaek-si, and paid KRW 70 million to E the lease deposit.

(hereinafter referred to as Defendant B’s claim for the refund of the lease deposit against Defendant B is either “a claim listed in the attached list” or “the instant claim”). (b)

On November 22, 2013, the Plaintiff entered into a contract with Defendant B to acquire the instant bonds, and lent KRW 100 million to Defendant B on November 25, 2013.

On December 9, 2013, the Plaintiff notified Defendant B’s deceased person or proxy (Defendant B prepared a notice of assignment of claim No. 2) to the above E by registered mail, and the above registered mail sent to E on December 10, 2013.

C. (1) Defendant C and D (hereinafter “Defendant Company”) filed an application for the attachment and collection order of KRW 180,025,300 with respect to the instant claim, including the seizure and collection order of KRW 180,025,30. Nonparty E and F received the attachment and collection order of KRW 2014, May 15, 2014, and the Suwon District Court issued the attachment and collection order of KRW 2014,1013, respectively.

(2) On February 27, 2015, the Defendant Company requested the seizure and collection order of KRW 1,073,263,012 as to the instant claim, and Nonparty E and F received the seizure and collection order of KRW 2015,00,000 from the Suwon District Court.

On November 26, 2015, Nonparty E and F, the third party obligor’s deposit, on the ground that “the effect of the notification of the assignment of claims is problematic by the transferee of the credit, and the notification of the assignment of claims cannot be known to anyone who is subject to the delivery of a seizure and collection order, an assignment order, etc., as described in paragraph (3).” The lease deposit amount of KRW 70 million is KRW 3198,00,000 in Suwon District Court.

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