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(영문) 인천지방법원 부천지원 2018.01.24 2017가합102500
공탁금 출급청구권 확인
Text

1. B Concerning KRW 36,00,000 deposited to the deposit officer of the Seoul Eastern District Court on July 13, 2017 as gold No. 2614 in 2017.

Reasons

1. Facts of recognition;

A. On May 19, 2017, the Defendant transferred to the Plaintiff a drug price claim of KRW 336,000,000 against B (hereinafter “instant claim”), and on the same day, notified the transfer of claims to B.

B. B: (a) on July 13, 2017, the Defendant’s certificate of personal seal is not attached to the bond transfer contract attached to the said notice of credit transfer; (b) on the ground that there is a possibility that the bond transfer and takeover would be false, the amount of KRW 36,00,000 of the drug price is the deposit amount under the Seoul Eastern District Court No. 2614, 2017, and (c) the Plaintiff and the Defendant were deposited as the deposited account amount.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts found above, the plaintiff acquired the claim of this case from the defendant and acquired it. Thus, the plaintiff has the right to claim for payment of the above deposit money, and the plaintiff has the interest to seek confirmation in order to pay the deposit money.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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