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(영문) 창원지방법원 2014.09.04 2014가합30728
공탁금출급청구권확인
Text

1. Of the counterclaim against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff), the part confirming the right to claim the payment of deposit.

Reasons

1. Basic facts

A. The Plaintiff’s oil supply contract and credit acquisition contract for E (hereinafter “F gas station”) around 201 entered into an oil supply contract with the operator of the F gas station and supplied oil to E (hereinafter “E) from around that time. The Plaintiff entered into an agreement with E on June 20, 2012 that E bears the Plaintiff’s obligation to pay KRW 335,542,561 of the oil payment obligation as of June 19, 2012. In relation to the method of repayment, the Plaintiff agreed to receive KRW 50,00,000,000,000,000,000,000 won for transportation service payment from E as the debtor, as of the provisional seizure case for claim No. 2012Kadan9566, Jun. 20, 2012; and each other, agreed to receive KRW 50,510,561,000,000 from ED as the third debtor.

3) On June 20, 2012, the Plaintiff and E, as of June 20, 2012, approved that E bears the Plaintiff’s obligation to pay for oil amounting to KRW 285,542,561, respectively, the Plaintiff and E shall pay KRW 100 million each on June 30, 2012, and KRW 85,542,561 on August 10, 2012, and KRW 85,562,561 each to the Plaintiff. The representative director G requested the Plaintiff to prepare a notarial deed of joint and several liability for oil payment to the Plaintiff, and accordingly, H’s notary public belonging to the Changwon District Public Prosecutor’s Office prepared a notarial deed of debt payment contract (No. 8577, Jun. 20, 2012).

4) The Plaintiff’s transport service payment claim for E from January 28, 2013, and E’s transport service payment claim for E (hereinafter “E bonds”).

2) Claim listed in the separate sheet (hereinafter referred to as “claim of this case”)

The following content of the acquisition of the instant claim was prepared and delivered, and the instant claim was transferred to D on January 28, 2013, the debtor of the instant claim.

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