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(영문) 서울중앙지방법원 2018.09.18 2018가단5071836
공탁금 출급청구권 확인
Text

1. The plaintiff's lawsuit against the defendant Korean bank is dismissed.

2. The plaintiff and the defendant corporation.

Reasons

1. Facts of recognition;

A. On January 24, 2016, the network D (hereinafter “the deceased”) concluded a lease contract with C, setting the lease term of KRW 320,000,000, with respect to the E Apartment-si 6405 Dong 1101, Hanam-si, Hannam-si, Da, 1101, owned by C, from March 4, 2016 to March 5, 2018.

B. On November 24, 2016, the Plaintiff loaned KRW 50,000 to the network at the rate of 19% per annum of March 1, 2018, interest rate of KRW 9.1% per annum, and delay compensation rate of KRW 19% per annum. The Deceased failed to repay the loan to the Plaintiff until March 1, 2018, and on March 6, 2018, the amount of the loan the Plaintiff is KRW 582,327, 130,00 interest per annum (=50,000 x 50,000 x 5/365 x x 19% per annum).

C. On November 24, 2016, the Plaintiff entered into a contract with the Deceased to transfer KRW 65,00,000 among the lease deposit claims against the Deceased Nos. 6405, 1101, as well as KRW 65,00,00 among the lease deposit claims against the Deceased No. 6405, 1101. On November 25, 2016, the Deceased notified the fact of the said transfer to C by a notification with a fixed date, and the said notification reached C around that time.

In addition, on November 29, 2016, C confirmed that a notary public received the notice of assignment of claims under the New Village Law Firm No. 3342. D.

C On February 24, 2016, notice of a pledge of KRW 240,00,00 of the amount of claims from the Defendant Woori Bank, notice of the transfer of claims from the Plaintiff on November 25, 2016, notice of the transfer of claims from the New Iriwon Loan on December 7, 2016, notice of the transfer of claims from the Smart Iriwon Loan Co., Ltd. on May 31, 2017, notice of the transfer of claims from the Smart Iri Loan Co., Ltd. on September 27, 2017, notice of the transfer of claims from the Young Iri Loan Co., Ltd. on November 7, 2017, notice of the transfer of claims from each recipient of the transfer of claims, the lease deposit of KRW 320,000,000 concluded with the Deceased, and the lease deposit concluded with the Deceased on March 6, 2018.

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