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(영문) 서울중앙지방법원 2021.02.09 2019가단5007979
공탁금 출급청구권 확인
Text

1. On February 1, 2018, Non-Party F Co., Ltd.: 123,76, out of KRW 317,712,849 deposited by the Eastern District Court No. 2017,712,846.

Reasons

1. Facts of recognition;

A. The Plaintiff is a lending company that runs the so-called “P2P lending business” in the way that the Plaintiff received investment from a large number of small-sized investors and lent the redemption profits to investors.

Defendant B (hereinafter referred to as “stock company” in the trade name of the corporation) sold the clothing, etc. supplied by various business partners, including Defendant C, Defendant D, Defendant E, and Nonparty G, through H companies and F.

Defendant C is a company engaged in the export and import of clothes and the wholesale and retail business, and Defendant D is a company engaged in the manufacturing and trade business of clothing, Defendant E is a company engaged in the wholesale and import business of clothing, and Nonparty G is a company engaged in the export and import business of textile and clothing.

B. (i) Defendant B’s nonperformance of its obligation, etc. (i) supplied the clothing products equivalent to KRW 2,309,246,904 to Defendant B from March 2016 to October 2017, and had Defendant B sell them through home shopping, etc., but did not receive KRW 281,936,520 out of the amount of the goods and sales commission. As such, Defendant C received the claim amount of KRW 281,936,520 from January 5, 2018, and the third party as H company and F, with the claim amount of KRW 281,936,520, and the claim amount of KRW 281,936,520 from January 5, 2018, Defendant C was served on the third party obligor on January 10, 2018.

B. From around 2015 to 2017, Defendant D supplied the goods of clothing to Defendant B and sold them through home shopping, etc., but did not receive KRW 397,60,000 out of the amount of goods and sales commission. The claim amount on January 17, 2018 was 150,000,000, and the third debt debt amount was H and F and 504, respectively, and the Seoul Eastern District Court issued a seizure and collection order against the third debtor on January 19, 208. The order was served on the third debtor on January 19, 2018.

【Defendant E” shall supply the clothing products to Defendant B and sell them through home shopping, etc.

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