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(영문) 인천지방법원 2016.02.18 2015가단18403
공탁금출급청구권확인
Text

1. On October 25, 2013, 201, the Sungjin A&C Co., Ltd. deposited by the Incheon District Court No. 7858, Oct. 25, 2013, 94,602.

Reasons

1. Basic facts

A. On July 23, 2013, the Plaintiff acquired a claim equivalent to KRW 80 million out of the purchase price of the goods from Defendant Jinjin Co., Ltd. (hereinafter “Non-Party Co., Ltd”) against Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and notified the non-Party Co., Ltd of the transfer of the claim by content-certified mail, which is a certified fixed date.

B. The non-party company was obligated to pay for the goods amounting to KRW 94,602,616 to ASEAN Co., Ltd., but there were several transfers of claims and seizure of claims regarding the claims for the goods purchased by ASEAN Co., Ltd., and the validity thereof is doubtful. On October 25, 2013, Incheon District Court rendered a mixed deposit of KRW 94,602,616 (hereinafter “the deposit of this case”) with the Plaintiff and the Defendants on the ground that there was a conflict between the Plaintiff and the Defendants, such as creditor uncertainty and the seizure of claims, etc. under the Incheon District Court No. 7858 on October 25, 2013

C. The reasons for the deposit of this case, the amount of seizure or assignment of claims, the date of notification of seizure or assignment of claims to the non-party company, and the date of consent of the non-party company's transfer of claims are as specified in the following table:

On July 26, 2013, the date of delivery or consent of the deposit amount (the original) by the transferee of the obligation to be deposited by the defendant Chang C on July 24, 2013, the transferee of the obligation to be deposited by the defendant Chang C on July 24, 2013 (the consent without the fixed date) 12,595,0555 on July 26, 2013, the transferee of the obligation to be deposited by the defendant C on July 26, 2013 (the transferee of the Plaintiff’s obligation 80,000,000 on July 26, 2013 (the court of this case 2013ta25611), 53, 952, 1613.

2. The reasons for the deposit for judgment and the reasons for the deposit for execution.

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