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(영문) 서울중앙지방법원 2018.07.06 2018가단5003055
공탁금 출급청구권 확인
Text

1. Of the instant lawsuits, Defendant Shindoco, A, B, C, D, E, F, G, H, I, J, K, L, and M respectively.

Reasons

1. The part of the Plaintiff’s claim for confirmation of the right to claim the return of deposit money against the Defendant New Doico, A, C, D, E, F, G, H, I, J,K, L, and M Co., Ltd. is seeking confirmation of the right to claim the return of deposit money against the other deposited parties, one of the deposited parties, and this constitutes a lawsuit seeking confirmation of the right to claim the return of deposit money against the other deposited parties. Thus, there is no benefit of confirmation.

2. Claim for confirmation of the Plaintiff’s right to claim payment of its own deposit money.

A. (1) The Plaintiff was assigned KRW 150,000,000, out of the claim amount for the amount of goods against the Korea non-Korean corporation, Inc. (hereinafter “Defendant Bluta”) and the remaining Defendants are the assignee of the relevant amount of the claim or the provisional attachment obligee for the relevant claim amount as indicated in the attached monetary deposit document (hereinafter “the deposit document of this case”).

(2) The notice of the assignment of the fixed date assignment (amounting to KRW 150,00,00) to the plaintiff of the fixed date with the interest rate of Defendant B, B, D, E, F, G, H, H, I, J, K, K, L, and M of the fixed date assignment (amounting to KRW 29,578,560) to the defendant New Dolco, and the notice of the assignment of the assignment of the fixed date assignment (amounting to KRW 98,825,70) to the defendant A, C, D, H, G, H, H, H, K, K, L, and M reached the Republic of Korea non-N on July 31, 2017.

(3) Defendant Bluta had a claim for the purchase of goods amounting to KRW 96,357,841 (hereinafter “instant claim”). However, when each assignment of claims and provisional seizure of claims coincide with each other, the Korea Central District Court (No. 18796) of Seoul Central District Court (No. 2017), on September 4, 2017, 96,357,841, which is the total amount of the instant claim, shall be deemed as the Defendant as the principal deposit, and Article 487 of the Civil Act shall be deemed as the latter part and Article 487 of the Civil Act.

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