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(영문) 인천지방법원 2015.12.24 2014가단44726
공탁금출급청구권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) had a claim claim claim (hereinafter “the claim in this case”) such as import freight loading and unloading, storage fees, etc. against the non-party Creamble Co., Ltd. (hereinafter “non-party C”)

B. On May 2, 2014, Nonparty Company received the notice of assignment of claims by content-certified mail on April 29, 2014, to the effect that it transferred KRW 22,116,865 among the instant claims to the Plaintiff.

C. As Seoul Central District Court Decision 2014Kadan4033, Defendant C&C Co., Ltd. received the provisional seizure order against the claim of KRW 11 million among the instant claims, and the said decision was served on the Nonparty Company on May 12, 2014.

The defendant Youngjin Co., Ltd. received the provisional seizure order against the claim of KRW 30 million among the claims of this case as Incheon District Court 2014Kadan4368, and the above decision was served on the non-party company on May 16, 2014.

E. On June 3, 2014, the non-party company: (a) designated the deposited person as Defendant B or the Plaintiff, as the Incheon District Court No. 4519, 2014, and deposited KRW 12,603,407 in deposit of the balance of the instant claim, on the grounds that the Plaintiff’s assignment of assignment notice and the provisional seizure order against each of

(hereinafter referred to as “instant deposit”). [The ground for recognition: The fact that there is no dispute, each entry of Gap evidence Nos. 1 and 2 (including branch numbers), and the purport of the whole pleadings]

2. Determination as to the cause of claim

A. The Plaintiff’s claim in this case was legitimately transferred to the Plaintiff, and the claim for payment of the deposit money in this case was satisfied with the notification with the fixed date and thus, the claim for payment of the deposit belongs to the Plaintiff.

B. In full view of the evidence as examined earlier, evidence Nos. 1, 1, 3, and 1, and 22,16,865 won out of the instant claim (excluding additional tax) is transferred to the Plaintiff, based on the witness’s testimony, as a whole, of the entire arguments.

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