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(영문) 부산지방법원 2021.02.03 2019가단319675
공탁금 출급청구권 확인
Text

On February 11, 2019, Qua Co., Ltd. and the Defendants issued a book with the Busan District Court Branch Decision No. 386 in 2019.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “debtor”) had a claim for the amount of KRW 60,060,000 (hereinafter “the instant claim”) against Q (hereinafter “ Q”) around October 2018.

B. On November 5, 2018, the debtor transferred the instant claim to Defendant C, who is the operator of the private company R, an individual company, (hereinafter “R”), and notified Q of the transfer of claim to Q, and the above notification was delivered around that time.

(c)

Defendant D, E, F, G, H, J, K, L, M, M, N,O, P (hereinafter “Defendant D, etc.”) shall be the claim for wage against the debtor as the claim against the debtor under 552, after having been granted support 2019 from the Seogwon of Busan House, and filed an application for a seizure and collection order with the debtor’s claim for the goods price claim against Q, etc. as the claim to be seized and collected. On January 23, 2019, Q received a decision on the seizure and collection order (hereinafter “instant decision”) with the same content from the above court, and Q was served on January 25, 2019.

(d)

Q deposited the amount of KRW 60,060,000 (hereinafter “instant deposit money”) of the said amount of money on February 11, 2019, with the Busan District Court’s Seo- Branch Office No. 386 in 2019, the obligor and Defendant C as the principal trustee, and the creditor’s non-creditord place of deposit as the cause of the deposit.

E. On May 17, 2019, the debtor filed a petition for bankruptcy with Busan District Court No. 2019Hau, 1007, and was declared bankrupt by the above court (hereinafter “instant declaration of bankruptcy”), and the plaintiff was appointed as the debtor’s bankruptcy administrator.

[Ground of recognition] Defendant C, D, and P: A without dispute; entry in the evidence (including branch numbers) Nos. 1 and 2; the purport of the whole pleadings; the remaining Defendants: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. 1) The transfer of the Plaintiff’s claim against Defendant C is subject to Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debt Rehabilitation Act”).

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