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(영문) 서울남부지방법원 2019.04.18 2018가단254380
공탁금 출급청구권 확인
Text

1. Of the KRW 2,946,38, deposited by Changwon District Court 2018No. 1264 on April 10, 2018, 1,473,194.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208(3)3 of the Civil Procedure Act of Defendant C (Decision by public notice)

3. Article 208(3)2 of the Civil Procedure Act of Defendant D Co., Ltd.

4. The Plaintiff seeks confirmation that the claim for payment of the deposit stated in the order is in full against the Plaintiff.

However, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 3, 5, 6, and 7, the Plaintiff and Defendant D Co., Ltd., on November 29, 2017, acquired three million won from among the claims to be returned of KRW 10 million from Defendant C’s lease deposit to Defendant C, upon delegation by the Defendants, and the Plaintiff completed the notification of the assignment of the above claims to E. Upon the entrustment of the Defendants, and E, for the return of the above lease deposit, deducted KRW 70,053,612 from the amount of KRW 10 million in arrears, and KRW 2,946,388 from the amount of KRW 2,96,38 as indicated in the order.

As such, since the notification of the assignment of claims to the plaintiff and the defendant corporation D reached E at the same time, the legal status between them is equal.

However, since the value of the claim that the plaintiff and the defendant D Co., Ltd. acquired exceeds 2,946,388 won in total as the amount of the claim to return the lease deposit, it is reasonable to allocate it to each claim amount under the principle of fairness.

Therefore, only the right to claim the withdrawal of KRW 1,473,194 equivalent to KRW 1/2 of the above deposit 2,946,388 is against the Plaintiff.

The plaintiff's remaining claims are without merit.

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