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(영문) 수원지방법원 안산지원 2018.07.13 2018가단2332
공탁금출급청구권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On June 21, 2016, Defendant B deposited KRW 60,000,000 with the Defendant C as the principal of the deposited money under the Suwon District Court Ansan Branch No. 2038 in 2016.

(hereinafter “Deposit of this case”). (b)

On October 10, 2016, the Plaintiff: (a) lent KRW 100 million to Defendant B and E on July 5, 2017; and (b) lent interest at 25% per annum; and (c) received notarized on April 4, 2017.

C. On July 24, 2017, the Plaintiff was issued a provisional attachment order with the claim amounting to KRW 60 million with respect to Defendant B’s claim for payment of the instant deposit under the Sungwon District Court Branch Branch Decision 2017Kadan1408, and the said provisional attachment order was served on the Republic of Korea, a garnishee on July 26, 2017.

After all, on August 11, 2017, the Plaintiff transferred the above provisional seizure to the original seizure as to the claim for payment of the deposit money of this case to Defendant B by Sungwon District Court Branch 2017TTT 7667, and additionally seized KRW 42,423,455, and received an order for seizure and all of the claims for payment of the above provisional seizure.

The above attachment and assignment order was served on the Republic of Korea as the garnishee on August 17, 2017, and was confirmed on October 11, 2017.

E. Meanwhile, on September 18, 2017, Defendant D received a seizure and collection order as to the right to the instant deposit from Defendant B as the Suwon District Court Branch Branch 2017TTT9843, and the above seizure and collection order was served on the Republic of Korea, which is the garnishee on September 21, 2017.

F. Since then, Defendant C reserved an objection on February 28, 2018 during the proceeding of the instant lawsuit and paid the instant deposit money.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including branch numbers, if any), and the purport of the whole pleadings as to the validity of the lawsuit of this case as a whole, the judgment of defendant C's defense on the legitimacy of the lawsuit of this case and the judgment of ex officio as to the legitimacy of each lawsuit against defendant B and D are also examined.

The Plaintiff is against the Defendants on the ground that the Plaintiff is the Plaintiff.

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