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(영문) 서울중앙지방법원 2017.06.14 2016가합24289
공탁금수령권 확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Plaintiff, Defendant MMC media (hereinafter “DM media”), Defendant BB media (hereinafter “S media”) are creditors who have monetary claims against Defendant B Co., Ltd. (hereinafter “B”).

Plaintiff

The portion of the claim amount of KRW 1,166,680,145 (as of August 31, 2016), the part indicated under the agreement on the assignment of claims and the notice regarding the transaction price claim of KRW 502,538,97 on August 4, 2016 against the non-party C Co., Ltd. (hereinafter “C”), as follows (as of August 31, 2016, the claim amount of KRW 633,41,907 (as of July 21, 2016), Defendant M&C claim amount of KRW 633,41,907 (as of July 21, 2016) and Defendant B’s media claim amount (as of this court’s claim amount of provisional attachment order of KRW 520,81,214).

On August 5, 2016, Defendant B’s certificate of personal seal was attached to the above assignment contract, and the Plaintiff notified the assignment of the claim of this case at that time, and the above notification was delivered to C.

The debtor(transferor) and the creditor(A) shall, in order to secure the repayment (or repayment) of the debt amount of KRW 651,079,000,000 which the debtor bears against the creditor(s) in accordance with the following terms, transfer the credit amount of KRW 50,00,00,000 to the creditor(s) and the creditor(s) to the creditor(s).

- the following-

1. This contract is an overlapping assignment of claims that is concluded to secure performance.

As long as the obligor does not fully perform his/her obligation to the obligee (assignee), the obligor himself/herself shall be jointly and severally liable for the obligation.

4. Notice of transfer of bonds; and

A. When a contract for the transfer and takeover of claims of this case is concluded, all rights and obligations of the transferred claims of this case to the obligee.

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