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(영문) 서울남부지방법원 2017.11.16 2017가단219397
공탁금 출급청구권 확인
Text

1. The Seoul Southern District Court deposited 94,036,892 won in gold No. 1011 on February 23, 2017 by C&C Co., Ltd. and C&C. on February 23, 2017

Reasons

1. Basic facts

A. The Plaintiff, based on the claim for the purchase of goods against Defendant B, received a provisional attachment order of KRW 21,081,550 from the Suwon District Court for the claim for the return of the lease deposit against Defendant B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and served the provisional attachment order of KRW 21,081,550 on November 4, 2016, with the claim amounting to KRW 21,232,795 on the basis of the claim for the purchase of goods against Defendant B. The provisional attachment order was served on the Nonparty Co., Ltd. on November 14, 2016. After that, the Suwon District Court rendered the provisional attachment order of KRW 21,232,795 on the ground of the provisional attachment order of KRW 21,232,795 on the ground of the provisional attachment order.

B. Defendant B entered into a pledge agreement with the Korea Stock Savings Bank and the Korea Development Bank on the claim for the refund of the above lease deposit amount of KRW 130,000,000. The notice of pledge was served on the Non-Party Company on January 18, 2017.

C. Defendant B entered into a contract on the assignment of claims with Defendant Etha-Friendly Savings Bank Co., Ltd. for KRW 45,000,000 among the claims for the refund of the said lease deposit, and the said notification of the assignment of claims was served on Nonparty B on February 21, 2017.

On the same day, the creditor's claim for the return of the lease deposit was served on the non-party company, as well as the Seoul Central District Court 2017Kadan32013 (Seoul Central District Court 2017Kadan32013).

On February 23, 2017, Nonparty Company: (a) pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, on the ground that the creditors of the foregoing lease deposit are concurrent with claims seizure, provisional seizure, and assignment of claims; and (b) pursuant to the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, the deposited person is Defendant B or Defendant Et-Friendly Savings Bank Co., Ltd.; and (c) pursuant to the fact of the deposit cause, the fact of the deposit includes the claims seizure, provisional seizure, pledge, and transfer of claims to the creditor, the Seoul Southern Southern District Court

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