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(영문) 서울고등법원 2014.07.25 2013나2026775
공탁금출급청구권확인
Text

1. The defendant's appeal is dismissed.

2. The plaintiff's successor's motion for intervention shall be dismissed.

3. The appeal costs.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as follows: Gap evidence 2, Gap evidence 3, Gap evidence 6, Gap evidence 7, Gap evidence 8, Gap evidence 9, Gap evidence 10, Gap evidence 11, Gap evidence 12, Gap evidence 13, 14 (the same shall apply to Eul evidence 1), Gap evidence 15, 16, and Gap evidence 17.

On May 21, 2012, the Plaintiff holding loan claims equivalent to KRW 325,00,000 against B (hereinafter “B”) was transferred KRW 325,00,000 from B to P Co., Ltd. (hereinafter “P”) for the repayment of the above claim, and was delegated by B with the authority to notify the above fact of the assignment of claim, and issued a notice of the assignment of claim concerning the above part of the claim among the instant claim by content-certified mail to P on May 30, 201 (hereinafter “the notice of assignment of claim”).

6. 4. The notice of assignment of claims of this case reaches P.

B. Meanwhile, the obligees against B including the Defendant, with respect to the instant claim, received the provisional attachment of the claim or the seizure and collection order as indicated below.

The creditor's case number delivery date is 1 C.C. 2012Kadan100453, 200,000 on March 14, 2012, 2012, Suwon District Court 2012Kadan1056, 2056, 2012. 79,800,000 claims provisional seizure 3,000 Kawon Won District Court 2012Kadan50712, 2500 on May 17, 2012, 200 for claims provisional seizure 529,80,000 claims provisional seizure lawsuit 529,80,000,00 for claims and provisional seizure 20,000,000 won, G. 205, 201, G. 16, 2081, 204, and 36,06,281,2814.

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