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(영문) 의정부지방법원 2016.09.09 2015가단38668 (1)
공탁금출급권자확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Taesung Safety Industry Co., Ltd. (hereinafter “T Taesung Safety Industry”) had a claim for the price of goods (hereinafter “instant claim for the price of goods”) against the Hyundai Engineering Co., Ltd. (hereinafter “Modern Engineering”). However, the Plaintiff and the Defendant, etc. received a provisional attachment order, seizure and collection order regarding the instant claim for the price of goods as indicated below, or transferred the instant claim for the price of goods.

The amount claimed as of January 13, 2015, the date of arrival of the creditor status of Plaintiff 1’s provisional attachment (won) and the amount claimed as of January 13, 2015, and the notification of the seizure and collection order of Plaintiff 52,861,7683 on July 3, 2015, Plaintiff 52,861,7683, and the collection order of Plaintiff 1’s seizure and collection order of Plaintiff 4 on July 140, 2015, the assignment of Defendant 1’s credit on July 22, 2015, the notification of the seizure and collection order of Plaintiff 1’s claims to the Republic of Korea (North Korean Tax Office) 56,361,380 on August 20, 2015.

B. On August 21, 2015, Hyundai Engineering deposited KRW 52,812,232 in the Jung-gu District Court Decision 248(1) based on Article 248(1) of the Civil Execution Act (hereinafter “instant deposit”) on the ground that the instant goods-price claim was a provisional attachment decision, a seizure and collection order, an assignment of claims, etc.

C. The “depositor” of the deposit document prepared and submitted by the modern engineering upon the deposit of this case is a disturbance. The “legal provision” that forms the basis for the deposit includes the “Article 248(1) of the Civil Execution Act”. The deposit of this case was made by a certified judicial scrivener appointed as the representative of the modern engineering.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including branch numbers, if any) and the purport of whole pleadings

2. After the plaintiff's seizure and collection order concerning the claim for the price of the goods of this case reached the modern engineering, which is the garnishee, the notice of assignment of the above claim to the defendant reaches the modern engineering, which is the debtor.

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