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(영문) 서울고등법원 2020.08.20 2019나2043307
공탁금 출급청구권 확인
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is as stated in paragraph 1 of the reasoning of the judgment of the court of first instance, in addition to the modification of part of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

(hereinafter the meaning of the abbreviationd language used in this context is the same as the judgment of the court of first instance). The Defendant D, “Defendant D” under the 4 table, shall be used as “Codefendant D of the court of first instance (hereinafter referred to as “D”), and the Defendant D, “All” under the 4 table, “D”.

The first 7th parallel "Seoul around July 8, 2017" shall be construed as "Seoul around July 15, 2016," and all "E" of 12, 13, and 16, as "Defendant E".

Defendant D and E shall be put into “D and Defendant E” at the last page of the 6th page.

Part 6 "E" in the 7th place shall be used as "Defendant E", and the 9th place shall be deleted.

2. The parties' assertion

A. Of the assignment of claims regarding the Plaintiff’s assertion, the assignment of claims No. 2 to the instant case among the assignment of claims to the compensation of the instant case is rescinded by the formation of the instant certificate between Defendant C and Defendant E, and only the transfer of claims No. 1

The Plaintiff lawfully acquired the instant claim No. 1 through the assignment of claims as of April 30, 2016 and the assignment of claims as of July 26, 2017, which is the transfer claim of the instant claim No. 1. The claim of the instant case was set at KRW 350,00,000 based on the amount of the initially expected compensation, but actually was set at KRW 350,000 based on D, in return for the consultation and the receipt of the compensation for operating rights of the instant case, the amount equivalent to 30% of the compensation to be paid by Defendant C, out of the compensation to be paid from

However, since the compensation of this case was determined as KRW 570,756,050, the amount of the claim of this case transferred by the Plaintiff is KRW 170,000,000, which is equivalent to that of the claim of this case, and even if not, the Plaintiff is effective within the scope of KRW 130,000,000, which is stated in the loan certificate of this case.

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