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(영문) 서울중앙지방법원 2019.07.23 2019가단5010357
공탁금 출급청구권 확인
Text

1. The Seoul Central District Court shall pay 20,000,000 won out of the deposit money of 111,403,821 of the deposit money of the deposit case.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination on the claim against Defendant Republic of Korea

A. The facts as indicated in the grounds for claim, and the Plaintiff’s assignment of claims reach the school juristic person D, which is a garnishee on November 1, 2018. On the other hand, the time when the Defendant Republic of Korea’s attachment notification reached the school juristic person D, even based on the Defendant’s assertion in the Republic of Korea, may be recognized by either the dispute between the parties, or the facts on November 5, 2018, either A1 through 7, and C1 through 4.

B. If the assigned claim is separated from other claims in terms of social norms, and its identity is recognizable, the claim shall be deemed specified, and the type, amount, etc. of the transferred claim shall not be specified in detail.

(Supreme Court Decision 96Da5110 delivered on May 29, 1998). When the Plaintiff entered into a transfer contract with Defendant C Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff stated in the transfer contract that the Defendant Company would transfer the current and future claim for the purchase price of goods to the Plaintiff, which the Defendant Company had against its obligor. As long as it received delegation from the Defendant Company regarding the assignment notification, such as the maximum amount of the transfer claim, the date of payment, the obligor’s specification, and addition, the claim subject to transfer is specified.

In addition, the Plaintiff and the Defendant Company have continuously traded goods after entering into a contract for goods supply transaction and until the time of notification of the assignment of claims of this case. Since the Defendant Company has continuously transacted with its business partners, it is also expected that the claims subject to transfer will be incurred in the near future.

In the end, it is eventually.

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