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(영문) 서울중앙지방법원 2019.11.12 2019나10865
공탁금 출급청구권 확인
Text

1. The defendant-Counterclaim plaintiff's appeal is dismissed;

2. The Defendant (Counterclaim Plaintiff)’s counterclaim filed in this Court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) adding “the instant deposit” to the end of the 3th sentence of the judgment of the court of first instance; (b) adding “the date of February 23, 2018” to “the date of January 23, 2018”; and (c) adding “the date of January 23, 2018” to “the date of January 23, 2018”; and (d) adding “the date of February 23, 2018,” to “the judgment on the Defendant’s counterclaim claim filed in this court,” and “the judgment on the Defendant’s counterclaim claim filed in this court is identical to the written judgment of the court of first instance” under the main sentence of Article 4

2. Additional determination

A. The summary of the Defendant’s assertion was acquired from the non-party company KRW 22,770,00 from the service price of this case, and notified the Korea Internet & Security Agency of the assignment of claims on December 19, 2017. The notification reached the Korea Internet and Security Agency around that time. The deposit money of this case should be distributed in proportion to the amount of claims between the Defendant, the assignee of the claim, and the E, the execution creditor company.

B. The evidence presented by the defendant at the first instance court and the first instance court alone is insufficient to recognize that the non-party company transferred its assignment to the defendant as alleged by the defendant, and there is no other evidence to acknowledge this otherwise. Thus, the above argument by the defendant is without merit without examining

(A) On December 19, 2017, the Defendant sent to the Korea Internet and Security Agency on December 19, 2017 only appears to have agreed on the direct payment of subcontract service costs, and considering the form and content of a direct payment request or a written consent for direct payment attached to the above mail, it is difficult to deem that the content of the assignment of claims is included in the contents of the assignment of claims or that the notification of the assignment of claims was made through the receipt of the above mail, etc.).

A. On January 12, 2018, the seizure of this case’s assertion by the Defendant is a declaration of bankruptcy against the non-party company, and is on the rehabilitation and bankruptcy of the debtor.

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