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(영문) 서울서부지방법원 2017.10.19 2016가단34666
공탁금출급청구권확인
Text

1. Between the Plaintiff and the Defendants, the Seoul Western District Court rendered a claim for payment of the deposit money No. 2434 in 2014.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “Nonindicted Company”) leased the 1st floor of Mapo-gu Seoul E-building from C and D (the sum of the two persons together referred to as “Lessee”) as KRW 300,000,000 for lease deposit and monthly rent of KRW 15,00,000.

B. On June 28, 2013, the Plaintiff, a creditor of the non-party company, was transferred KRW 200 million from the non-party company to the lessor of the non-party company. The non-party company notified the lessor of the transfer of the above credit by means of a document verifying the contents of the fixed date and notified the lessor of the transfer on July 2, 2013.

[1] As to whether the Plaintiff Company acquired the claim from the non-party company as of June 28, 2013, the letter of credit transfer agreement (No. 2-2) written as of June 28, 2013 is written as “F (the representative of the non-party company)” and the letter of personal seal of F and the corporate seal of the non-party company are affixed thereto. The credit transferee column is written as “G” (the representative of the Plaintiff company) and the corporate seal of the Plaintiff company is affixed next thereto. In addition, the credit transfer notice written as of June 28, 2013 (No. 2-1) written as of June 28, 2013 as of June 28, 2013, written as “the credit transfer notice” as of June 2013, written as “the non-party company’s letter of credit transfer”, written as “the non-party company’s corporate seal and the representative of the non-party company’s corporate seal, affixed to the Plaintiff company’s corporate seal.

As above, although the transferor of the transfer contract is written as F in the form of an individual, the corporate seal of the non-party company is affixed next thereto, and the transfer is written as G in the transfer column, but the corporate seal of the plaintiff company is affixed next thereto.

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