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1. It is confirmed that the claim for payment of the deposit stated in the attached Form is against the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. On March 27, 2014, Defendant D entered into a contract with Nonparty C Cement Co., Ltd. (hereinafter “Non-Party C”) on the lease of five floors of the building located in the Daegu-gu Franc owned by the Non-Party Company at KRW 100,000,000,000, monthly rent of KRW 1,391,150.
B. On April 7, 2014, Defendant D borrowed KRW 15 million from the Plaintiff, the mother of G in the regular course of business, and transferred the said lease deposit to the Plaintiff as security for the loan obligation (hereinafter “instant claim”), and notified the Nonparty Company of the fact of transfer on April 9, 2014.
C. Meanwhile, the instant claim was provisionally seized or seized by the remaining Defendants who asserted a separate claim against Defendant D as follows.
1) In order to preserve the claim for the construction price against Defendant D, Defendant B filed an application for provisional attachment of the instant claim with the Cheongju District Court 2015Kadan1324, and the provisional attachment decision was served on the Non-Party Company on June 8, 2015 (the Daegu District Court 2015Kadan20800), Defendant C applied for the attachment and collection order of the instant claim to the Non-Party Company on the basis of the damage claim against Defendant D, and the seizure and collection order was served on October 8, 2015.
3 In order to preserve the wage claims against Defendant D as the appointed party, Defendant E filed an application for provisional attachment of the instant claim with the Cheongju District Court 2015Kadan2580, and the provisional attachment decision was served on Nonparty E on October 14, 2015.
On April 6, 2016, Nonparty Company deposited KRW 50,300,000, which deducts the overdue rent, etc. of Defendant D from the claim of this case under the Daegu District Court No. 2851 in 2016, stating the following:
▷피공탁자 : 피고 D 또는 원고 ▷공탁원인사실 : 피고 D이 원고에게 이 사건 채권을 양도하였고 그...