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(영문) 수원지방법원안산지원 2016.05.19 2014가합2652
공탁금출급권자 확인 등의 소
Text

1. C Co., Ltd. deposited with the Suwon District Court No. 2049 for the year 2013, May 27, 2013 162,212,493

Reasons

1. Basic facts

A. On March 23, 2012, the Plaintiff entered into a product transaction agreement with D on behalf of D, with the content that: (a) the Plaintiff supplies scriptive materials, etc. to D on behalf of D; and (b) the Plaintiff would receive 9% of the supply price from D as the supply commission; (c) the Plaintiff did not receive the supply commission equivalent to KRW 154,31,66 from D from May 2013 to May 2013.

B. On April 1, 2012, between D and D, the Plaintiff entered into a sub-lease contract with the purport that the 1, 2, 330 square meters of the land warehouse E with the 5,000 square meters of the previous car deposit, the monthly rent of KRW 3.85 million, and the sublease period from April 1, 2012 to December 6, 2013, respectively. At that time, the Plaintiff paid KRW 50 million of the previous car deposit to D, while leaving the above warehouse building, the Plaintiff was not able to recover KRW 50 million of the previous car deposit from D while leaving the warehouse.

C. The Plaintiff and D transferred D’s claim to the Plaintiff against D’s third obligor, and D’s third obligor column, bond type column, credit amount column, and date column among the indication of the claim to be transferred, respectively. The Plaintiff and D drafted a letter of credit assignment notice (hereinafter “instant transfer contract”) stating in blank part as to the blank part of the notice of credit assignment and the Plaintiff’s delegation of the authority to supplement the blank part of the notice of credit assignment and to notify the assignment of credit, third obligor column, credit assignee column, third obligor column, credit assignee column, credit type column, credit amount column, third obligor indication column, credit assignee indication column, third obligor column, and credit assignment notice in blank as of the date of preparation (hereinafter “instant transfer notice”).

On April 22, 2013, the Plaintiff: (a) the third debtor column, a blank in the instant transfer agreement, shall be “F,” “C representative director of the board of directors; (b) the type of bonds shall be “money”; (c) the amount of credit shall be “250,000,000”; and (d) the date of preparation shall be “F, April 22, 2013.”

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