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수원지방법원안산지원 2017.05.17 2016가단31541
공탁금출급청구권 확인

1. On June 2, 2016, Nonparty 1 deposited the Suwon District Court’s Ansan Branch No. 2016 gold No. 1775.


1. Under the basic facts, each of the following facts is acknowledged among the Plaintiff and Defendant Newxex Co., Ltd. in full view of the overall purport of the pleadings as to Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3, and Eul evidence 1. There is no counter-proof, and the plaintiff and the remaining Defendants are deemed to have led to their confessions.

Defendant Cheongchi Electronic Co., Ltd. (hereinafter “Defendant Cheongchi Electronic”) had a claim for the purchase of goods amounting to KRW 153,401,190 (hereinafter “instant claim for the purchase of goods”) against the Non-Party Cheongchi Electronic Co., Ltd. (hereinafter “depositor”).

B. The Plaintiff had a claim for service charges of KRW 107,92,213 against Defendant Cheong forest Electronic. Based on this, the Plaintiff entered into a contract with Defendant Cheong forest Electronic to the effect that the Plaintiff would be assigned the amount equivalent to KRW 107,992,213 out of the claim for the payment of the instant goods from Defendant Cheong forest Electronic as of April 19, 2016, and on the same day, Defendant Cheong forest Electronic notified the depositor of the fact of the said assignment to the fixed date and the notification was sent to the depositor on April 20, 2016.

(hereinafter “Notification of Assignment of Claim”) C.

Meanwhile, Defendant Newxex Co., Ltd. (hereinafter “Defendant Newxex”) filed an application for provisional attachment of KRW 26,982,652 out of the instant goods price claim with the Incheon District Court 2016Kadan2096, as a creditor against Defendant Cheongte Electronic, and the provisional attachment decision (hereinafter “instant provisional attachment”) reached the depositor on April 19, 2016, prior to the notification of the assignment of the instant goods.

In addition, during the period between April 22, 2016 and May 20, 2016, after the notice of assignment of the instant case, Defendant 3-NN Co., Ltd. received the notice of assignment of the instant goods payment claim by Defendant 3-NN, A, B, Plux Co., Ltd., C, Roxex Co., Ltd., Ltd., and Rotucom, respectively.