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(영문) 수원지방법원안산지원 2017.11.22 2017가단60027
공탁금 출급청구권 확인
Text

1. On June 2, 2017, Suwon District Court No. 2017, Suwon District Court No. 1599, Suwon 2017.

Reasons

1. Under the facts based on the facts, each of the following facts shall be deemed to have been led to each confession by the same Defendants pursuant to Article 150 of the Civil Procedure Act among the Plaintiff, Defendant M& Korea, and Defendant N&C Co., Ltd., and the overall purport of the pleadings between the Plaintiff, Defendant A, and Defendant S&C, based on each of the statements in subparagraphs 1 through 5, and there is no counter-proof.

Defendant BM Korea Co., Ltd. (hereinafter “Defendant BM”) had a total of KRW 29,926,820 (hereinafter “the instant claim for the price of the goods”) against Nonparty BDex Co., Ltd. (hereinafter “depositor”).

(Provided, That this claim was a claim arising from sale on March 23, 2017). (B)

On March 6, 2017, the Plaintiff entered into a contract on the assignment of claims with the effect that “the amount to be transferred to the obligor, including the depositer, to the amount of KRW 1.8 billion with respect to the claim for the payment for the goods held by the obligor, including the depositer,” with Defendant B, and on April 3, 2017, the Plaintiff notified the depositer of the fact of the said assignment of claims with the fixed date and the notification was sent to the depositer as of April 4, 2017.

(hereinafter “Notification of Assignment of Claim”) C.

However, among the assignment contracts attached to the notice of assignment of claims of this case, the contents of the transferred claims are as follows.

(1) Indication of claims to be transferred and taken over (see separate statement of claims transfer and takeover): Amount of money up to KRW 1.8 billion payable by the transferor to the assignee among the amount of claims against the goods to be recovered from the obligor: Provided, That the amount of money to be paid by the transferor to the assignee exceeds the limit of transfer and takeover, or exceeds additional bonds transfer and takeover.

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