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(영문) 인천지방법원 2016.05.25 2015가단50711
양수금
Text

1. The Defendant’s KRW 36,82,800 and the Plaintiff’s annual rate of KRW 5% from September 11, 2013 to March 7, 2016.

Reasons

1. The following facts are recognized in full view of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings:

A. On August 31, 2013, Daeung metal Co., Ltd. (hereinafter “Tung metal”) had a claim amounting to KRW 66,822,800 for the Defendant’s panel processing cost.

B. On August 28, 2013, Cheongju District Court 2013Kadan3305, creditor A of Daeung metal, upon receipt of the provisional seizure order against the Defendant of Daeung metal, the provisional seizure order of KRW 30 million was served on August 30, 2013.

C. On August 20, 2013, the Plaintiff acquired 60 million won out of the above claims against the Defendant of the Daeung metal, and notified the Defendant of the assignment of the said claim, and the notification was sent to the Defendant on September 10, 2013.

Emtex, Inc., Sept. 10, 2013, upon receipt of the claim attachment and collection order as to the above claim amounting to KRW 60,000,000,000, from the above claim against the Defendant by the Incheon District Court Branch Decision 2013TTT, 10580, and the above claim attachment and collection order were served on the Defendant on September 13, 2013.

E. On September 26, 2013, the claim provisional attachment order was served on the Defendant on September 30, 2013, by the Incheon District Court Branch Decision 2013Kadan3328, which was issued a provisional attachment order on the claim against the Defendant of Daeung metal, and the provisional attachment order was served on the Defendant on September 30, 2013.

F. After that, the decision was rendered to transfer each of the above provisional seizures to the principal seizure of the claim to the Incheon District Court Branch 2013TTTT1396, Cheongju District Court 2013TTT9866, and was served on the defendant.

G. Accordingly, on December 20, 2013, the Defendant deposited KRW 66,82,800 as Seoul Central District Court (Seoul Central District Court Decision 26681) for the commission of the panel processing cost of the Daeung metal, and deposited KRW 66,82,800 as to the Daeung metal, except for the Plaintiff who is the assignee of the claim, as the obligee A, Emmmmmmmtex Co., Ltd., and Cmtex Co., Ltd. as the principal deposit.

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