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1. The deposit money deposited by D Co., Ltd. with the Seoul Central District Court No. 11025 on April 30, 2019, which was 158,852.
Reasons
1. Facts of recognition;
A. On April 29, 2019, D Co., Ltd. (hereinafter “D”) concluded a basic contract for the supply of goods with K, which has a special contract prohibiting the assignment of claims, with the Plaintiff, E Co., Ltd., Ltd., FF, G, H, H, I, K Co., Ltd., J, K Co., Ltd. (hereinafter “K”), Defendant, L Co., Ltd., Ltd., and D Co., Ltd. (hereinafter “K”), with the Seoul Central District Court No. 11025, Apr. 29, 2019; however, D Co., Ltd. (hereinafter “D”) concluded the basic contract with K for the supply of goods with the Defendant, L Co., Ltd., Ltd., and the transferee’s good faith as to the special contract prohibiting the assignment of claims; on April 12, 2019, D repaid KRW 589,089,345, deposit and enforcement of the provisional seizure of claims by N and debtor.
B. The service amount of the assignment of claims by each depositor, including the plaintiff and the defendant, and the service date of the notification of the assignment of claims shall be as follows:
On March 14, 2019, Plaintiff 158,852,450 on March 14, 2019, Plaintiff 158,8528,388,052 on March 15, 2019, G59, G 59,54, 650 on March 15, 2019, Co., Ltd. 58,238,761 on March 21, 2019: (a) 65,546,680 on March 21, 2019; (b) Defendant J 41,753,80 on April 5, 2019; (c) Defendant 40,69, 269,753,80 on April 15, 2019; (c) Plaintiff 5, 205, 205, 305, 1945, 205.
2. Determination:
A. 1) The Plaintiff did not know at all the existence of the special agreement prohibiting the Plaintiff’s assignment of claims, and the Plaintiff reached March 14, 2019 prior to the date of notification of the assignment of claims or the date of notification of provisional attachment to the Plaintiff. As such, the claim for payment of KRW 158,852,450 out of the above deposit shall be reverted to the Plaintiff in full. 2) Since there is no claim transfer contract between the Defendant and K in relation to the assignment of claims between the Defendant and K, the Plaintiff cannot be deemed a transferee who entered into a valid contract for the transfer of claims
(b) 1. 2 to 4.