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(영문) 대구지방법원 2020.11.25 2019가단125437
공탁금 출급청구권 확인
Text

The Defendants: (a) on February 27, 2019, deposited by F in Daegu District Court No. 1100 for the purpose of 2019 Daegu District Court Decision 39,38.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff, a manufacturer of electric wires, supplied electric wires and cables to Defendant B and did not receive the price of goods after supplying them with the electric wires and cables. (2) On June 7, 2018, the Plaintiff acquired the goods supplied by the Plaintiff to Defendant B from Defendant B to Defendant B, among the goods payment claims against the third obligor from Defendant B to Defendant B, and acquired the goods supplied by the Plaintiff to Defendant B to Defendant B to Defendant B to the third obligor.

(hereinafter referred to as the “transfer of claim”. The assignment contract in this case contains the third debtor, the kind of claim, the amount of claim, and the amount of transfer, the written notice of the transfer of claim was prepared in the same document, and the content that the notification of the transfer of claim is delegated to the Plaintiff was stated in the assignment of claim.

Defendant B granted the Plaintiff the right to supplement the disturbance of the above assignment contract.

3) On June 14, 2018, the Plaintiff obtained a fixed date in the notice of assignment of claims and the certificate of supplementary right granting. 4) On August 28, 2018, the Defendant: (a) stated the FF (hereinafter “F”) in the third debtor column among the instant contract for assignment of claims; (b) stated the goods in the bond type column; and (c) supplemented the amount of credit and the amount of transfer to the F and notified the transfer of claims to the third debtor column, respectively.

The above notification reached F next F.

B. Defendant C and E Company’s claim provisional seizure 1) Defendant C is the creditor of Defendant B, and the goods price claim against Defendant B against Defendant B on October 22, 2018 (hereinafter “instant claim”).

(2) Defendant E Co., Ltd. (hereinafter “Defendant E”) as the creditor of Defendant B, on October 26, 2018, received the provisional seizure order of KRW 10,000,000 (Cheongju District Court 2018Kadan51420), and the written decision was served on October 25, 2018.

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