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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The Plaintiffs, as employees of L Co., Ltd. (hereinafter “Nonindicted Company”), received credit sales claims equivalent to KRW 8,302,649 from Nonparty Company on December 10, 2018, from Plaintiff A, KRW 47,340,69, KRW 491, Plaintiff C, KRW 7,591, KRW 812, Plaintiff C, KRW 3,419,060, KRW 16,482,379 for Plaintiff E, KRW 20,613,415 for Plaintiff F, KRW 20,414, KRW 214,844 for Plaintiff G, and KRW 15,269, KRW 403 for Plaintiff H, and KRW 7,060 for Plaintiff A, and KRW 965 for the Defendant on December 13, 2018 for each of the above claims to the Defendant.
B. In addition to the above notification of the assignment of claims, the Defendant received the notification of the assignment of claims by M and the provisional seizure, seizure, and collection order by other creditors against the non-party company, etc., the Defendant deposited KRW 21,415,498 as Seoul Western District Court No. 770 in 2019 (hereinafter “the deposit of this case”).
C. The Defendant stated the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act in the deposit document of this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 15 (including each number in the case of additional number), the purport of the whole pleadings
2. Whether the lawsuit of this case is legitimate or not is a mixed deposit with the repayment deposit and the execution deposit. From the perspective of relative non-defensive deposit, in order for one of the deposited parties to claim the withdrawal of the deposited goods, there is a final and conclusive judgment in favor of the other deposited parties to claim the withdrawal of the deposited goods, and thus there is no benefit of confirmation to claim the confirmation of the right to claim the withdrawal of deposited goods against a third party who is not the deposited party (see Supreme Court Decision 2007Da35596, Oct. 23, 2008). From the perspective of the execution deposit, in order for the deposited party to claim the withdrawal of deposited goods, the other deposited party and the other deposited party to claim the withdrawal of the deposited goods.