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(영문) 서울중앙지방법원 2015.07.01 2014가단207113
약정금
Text

1. On September 8, 2014, between the Plaintiffs and the Defendants, the Korea Special Sales Mutual Aid Association is the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. On April 3, 2014, the Plaintiffs respectively acquired the corresponding refund claim from the Defendant Company’s Korea Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) in relation to the refund claim (hereinafter “return claim”) affiliated with the 10th share amount of investment certificate issued by the Defendant Company to the Korea Special Aid Association (hereinafter “Korea Special Aid Association”) (No. 00507, Da 00507, Da 30507) (hereinafter “the refund claim”), which the Defendant Company paid to the Plaintiffs, the amount indicated in paragraph (1) of the order corresponding to the payable amount of benefits on March 3, 2014, and the unpaid amount is confirmed.

B. On April 7, 2014, Defendant Company notified the transfer of the above claims by means of content-certified mail to the Financial Cooperative, and the said transfer of claims reached the Financial Cooperative on April 8, 2014.

C. After the notification of the assignment of claims to the Plaintiffs, the Defendant Company issued a provisional attachment or a decision of seizure on the instant returned claim, and the notification to the effect that the Defendant Company transferred the claim for refund of KRW 7,124,786 to Defendant K on March 26, 2014, which was June 13, 2014; ② Defendant H, I, and J transferred the claim for refund of KRW 167,00,000 in total to Defendant H, I, and J on June 16, 2014, respectively.

On September 8, 2014, the Mutual Aid Association (Seoul Central District Court 2014No. 17805) deposited the Plaintiffs and the Defendants as deposited on the grounds that the assignment of claims, withdrawal of the assignment of claims, provisional seizure, partial assignment of claims, seizure of claims, etc. by the Defendant Company are concurrent, and the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act are combined deposits for the reasons that the settlement amount of returned claims is unknown to creditors and enforcement deposits.

[Ground of recognition] Facts without dispute, Gap 1 through 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the notification of the assignment of claims to the plaintiffs with the fixed date of the defendant company is given by the defendants, and the provisional seizure of the execution creditors' respective claims.

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