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(영문) 부산지방법원 2017.04.06 2016가단341725
공탁금출급청구권 확인의 소
Text

1. Of the KRW 281,191,86, which was deposited by Sejong District Court No. 6164 in 2013, the KRW 21,753,600 shall be the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition are: (a) the Plaintiff and the Defendant Eioper Co., Ltd. (hereinafter “Nioper”) are limited to the Plaintiff and the Defendant Eioper; and (b) the other companies have entered their trade names in the first place and subsequently omitted the indication of “stock company”; (c) there is no dispute between Co., Ltd. and beneficiaries; or (d) the overall purport of the pleadings in the evidence Nos. 1 and 2; or (e) there is no dispute between the Plaintiff and the other Defendants in accordance with Article 150 of the Civil Procedure Act.

A. The Defendant Nurier supplied goods to Sejong Co., Ltd., and the amount of the claim for the price as of May 6, 2013 (hereinafter “instant claim”) is KRW 281,191,86.

B. The remaining Defendants except the plaintiffs and the defendant E.I.D. have been assigned or provisionally seized part of the claims of this case from the defendant E.I.S. P. The following table if they indicate the content according to the ex post facto relationship based on the date of notification of assignment of the fixed date assignment or of delivery of the provisional attachment decision with respect to Sejong.

(1) On April 19, 2013, Defendant C’s claim on April 3, 2015 (Seoul District Court Decision 2013Da46092), Defendant C’s claim on April 24, 2013 (Seoul District Court Decision 2013Da3157, April 25, 2013), Defendant C’s claim on April 24, 2013 (Seoul District Court Decision 2013Da4635, Apr. 25, 2013) (Seoul District Court Decision 2013Da3157, Apr. 25, 2013), Defendant C’s claim on April 24, 2013 (Seoul District Court Decision 2013Da46092, Apr. 24, 2013) (Seoul District Court Decision 2013Kadan3157, Apr. 25, 2013)

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