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(영문) 의정부지방법원고양지원 2016.09.09 2016가합70751
공탁금출급청구권확인
Text

1. The Seoul Guarantee Insurance Co., Ltd. amounting to KRW 300,000,000 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On October 14, 201, the Plaintiff: (a) received a cash custody certificate from C (hereinafter “C”) stating that “C shall receive KRW 220 million from the Plaintiff and return it until December 30, 201,” and (b) filed an application with C for a payment order seeking payment of the said money to the Jinyang District Court Decision 2012j2875; and (c) received a payment order from C (hereinafter “C”) on July 26, 2012, stating that “C shall pay damages for delay from December 31, 2011 to the Plaintiff.”

B. On the other hand, around December 2, 2010, C entered into a contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) under which the Seoul Guarantee Insurance Co., Ltd issues performance guarantee bonds (securities number D) with the content of providing performance guarantee to C from September 9, 2010 to June 30, 2012, and C provided the Seoul Guarantee Insurance Co., Ltd with the security of KRW 300 million (certificate E) for the term deposit deposited in the new Bank.

C. On February 29, 2012, C entered into a contract for the assignment of claims with the Defendant (hereinafter “instant contract for the assignment of claims”) with respect to C’s Seoul Guarantee Insurance, which is the object of the instant contract for the assignment of claims, and C notified Seoul Guarantee Insurance on the same day, and the notice of the assignment of claims reached the Seoul Guarantee Insurance on March 2, 2012.

The transferor of a certificate of assignment of claims: The transferor shall include the following claims held by the debtor with respect to the Seoul Guarantee Insurance:

- - The types of security - the amount of time deposits, face value - the amount of 300 million won (certificate No. E) contract held by the transferor for the third obligor Seoul Guarantee Insurance: insurance products - the performance (contract) guarantee insurance (securities number D)

D. C: (a) on December 2012, 2012

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