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(영문) 전주지방법원 2017.10.27 2016나9561
공탁금출급청구권확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

The first instance court accepted both the plaintiff's principal claim and the defendant's counterclaim. Since only the plaintiff appealed against the part of the defendant's counterclaim, the scope of the judgment of this court is limited to the part of the defendant's counterclaim claim against which the appeal is filed.

In fact, the Korea Veterans Welfare and Healthcare Corporation (hereinafter “instant Corporation”) concluded a purchase contract between the Korea Veterans Welfare and Healthcare Corporation (hereinafter “B”) and B (hereinafter “B”) on July 26, 2013 by determining the contract amount as KRW 932,743,00, and the period from August 1, 2013 to July 31, 2014.

Since then, B supplied goods to Busan Veterans Hospital, Daegu Veterans Hospital, etc. according to the above contract.

B On July 30, 2014, the Plaintiff transferred the instant claim for the amount of KRW 9,240,000 related to the Busan Veterans Hospital, and KRW 9,856,000, total amount of KRW 19,096,000 related to the Daegu Veterans Hospital (hereinafter “instant claim for the transfer of claims”); and B notified the instant claim for the transfer of claims by mail with content-certified confirmation with a fixed date to the instant Corporation on August 5, 2014; and this was reached to the instant Corporation on August 6, 2014.

On August 19, 2014, the Defendant issued a provisional attachment order under the Jeonju District Court 2014Kadan2772 with respect to the instant goods-price claim on August 19, 2014 with the amount of KRW 130,236,835, out of the Defendant’s loans and credit card use-price claim against B, and the original copy of the decision reached the instant Corporation on August 22, 2014.

The instant Corporation, on November 6, 2014, on the ground that KRW 8,695,00,00 for the price for goods related to the Busan Veterans Hospital, was KRW 3702 in Jeonju District Court in 2014, and KRW 9,856,000 for the price for goods related to the Daegu Veterans Hospital in November 18, 2014, the Jeonju District Court was 3807 in order to determine whether each of the creditors is impossible.

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