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1. Between the Plaintiff and the Defendants, Nonparty F deposited with the Suwon District Court No. 931 in 2017, which was 18,878.
Reasons
1. Basic facts - The Plaintiff agreed to lend KRW 10 million to A around October 24, 2016, while receiving KRW 13 million from the refund claim of the lease deposit (hereinafter referred to as “claim of this case”) that A has against Nonparty F (hereinafter referred to as “claim of this case”), and A notified F on October 26, 2016 by means of a certified fixed date-certified mail with F, and F received it on October 27, 2016.
Pursuant to the agreement above, the Plaintiff loaned A KRW 5 million on October 27, 2016, and KRW 5 million on January 20, 2017 to A at the rate of 27.9% per annum. -
After acquiring the Plaintiff’s claim for the instant deposit, Defendant C received a seizure and collection order as to the instant deposit claim by designating the debtor A and the third obligor F as F under the court 2017TTT 20022, and Defendant E received the claim for the instant deposit deposit claim, and Defendant E, E, respectively, received the claim for the instant deposit.
Meanwhile, under the latter part of Article 487 of the Civil Act as to KRW 18,878,406 of the remaining deposit of this case, F entered the deposited person into the Plaintiff, A, Defendant Ethio-Friendly Savings Bank, D, and E, and entered Defendant C into the execution creditor and made a mixed deposit with Defendant C as KRW 931 of this Court in 2017, on the ground that the true creditor cannot be known according to the assignment of claims, seizure and collection order, etc. by the Plaintiff and the said Defendants.
On the other hand, after the filing of the instant lawsuit, the Seoul Rehabilitation Court declared a bankruptcy against A on September 11, 2017, and appointed attorneys B as the bankruptcy trustee of A (hereinafter “Defendant bankruptcy trustee”).
[Based on the recognition] The plaintiff and the defendant bankruptcy trustee: The non-contentious facts; Gap 1-5; Eul 1 and 2; the purport of the whole pleadings; the plaintiff and defendant C, D, and E; the confessions deemed as confessions and the defendant Lee T-friendly Savings Bank: the confessions
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Plaintiff’s assignment of claims is notified.