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Reasons
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(영문) 서울중앙지방법원 2021.03.18 2019가합577777
공탁금 출급청구권 확인
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, on April 22, 2019, lent to Defendant I Co., Ltd. (hereinafter “Defendant I”) KRW 350,000,000 as of April 22, 2019 at a rate of 24% per annum for delayed damages on April 29, 2019, and owned the Plaintiff’s loan and interest claim amounting to KRW 400,269,70 as to I.

On April 22, 2019, Defendant I transferred to the Plaintiff the claim amounting to KRW 400,269,770 out of the claim amounting to KRW 589,089,345 (hereinafter “the claim of this case”) against Nonparty L Co., Ltd. (hereinafter “L”) (hereinafter “the claim of this case”) on April 22, 2019, and the subsequent notification of transfer that became final and conclusive reached L on April 23, 2019.

B. The remaining Defendants, other than Defendant I, owned the claim against Defendant I. However, Defendant I transferred part of the instant claim against L to the said Defendants, and the subsequent notification of transfer reached L.

The following table is provided if Defendant I arranged the details of the assignment of claims and the arrival date of the notification of the transfer.

On March 27, 2019, after receipt of the notice of transfer, L paid KRW 10,000,000 out of the above amount to Defendant B Co., Ltd., 168,852,450 on the date of receipt of the notice of transfer (unit: the source).

On March 14, 2019, Defendant C 41,856,395, March 15, 2019, Defendant D 228,383,052, March 15, 2019, Defendant D 59,54,650, March 15, 2019, Defendant F58,238,7619, March 21, 2019, Defendant G 65,546,680,680, April 5, 2019, Defendant H41,753,800,000 on April 9, 2019, Defendant J 40,269,70,700, Defendant J 31, 565, 205, 2045, 2015;

On April 10, 2019, M Co., Ltd. received a provisional attachment order of KRW 12,484,890 (Seoul Eastern District Court Decision 201Da50983, Apr. 12, 2019) from the creditor M Co., Ltd., Ltd., and the debtor L Co., Ltd., Ltd., and the debtor L Co., Ltd. was served on Apr. 3, 2019.

(d)

L = on April 29, 2019, the Seoul Central District Court No. 11025, 2019, which made the Plaintiff and the Defendants as a person who is a good customer, and L is Defendant I.

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