It should be deemed that the Plaintiff has the right to deposit and pay the claim that may arise in the future at the time of assignment.

Even if the amount of transferred claim is not specified in the assignment contract, it cannot be deemed that there is a claim for deposit in the Republic of Korea because it is apparent that the occurrence of the construction equipment lease contract and that it is the claim for rent to be incurred in the future, and the basic claim relationship for rent to be incurred in the future has already been determined

2012 Confirmation of claims for payment of deposit money 21855

AA Savings Bank's lawsuit taking over the lawsuit

NAB 2 other

May 23, 2012

June 15, 2012

1. On March 5, 2012, it is confirmed that the right to claim for payment of deposit money of KRW 00,00, which was deposited by the Jung Heavy Industries Co., Ltd. in Geumyang-gu District Court Decision 643, 2012, was the Plaintiff.

2. Litigation costs shall be borne by the Defendants, and

It is the same as the disposition.

1. Basic facts

The following facts are that there is no dispute between the plaintiff and defendant Eul, and that between the plaintiff and defendant DoDD (hereinafter "the defendant DoDD") pursuant to Article 150 of the Civil Procedure Act, the defendant Doddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

(a) Conclusion of credit transaction agreements and assignment of claims;

(1) On September 15, 2010, AA Savings Bank Co., Ltd. (hereinafter referred to as “A Savings Bank”) entered into three credit transaction agreements with Defendant No. BB and KimE, and LaborF with the following content.

(2) On September 15, 2010, Defendant Nowon-B transferred the following bonds (hereinafter referred to as “instant bonds”) against Defendant Nowon-B’sCC Heavy Industries Co., Ltd. (hereinafter referred to as “CC Heavy Industries”) to the AA Savings Bank in order to secure obligations owed by the NAB, KimE, and LaborF in accordance with the above credit transaction agreement, and the notary public received the above content-certified mail from the HH joint legal office and notified the theory of transfer by content-certified mail to the CC Heavy Industries, and thereafter, the CC Heavy Industries received the above content-certified mail.

(b) Deposit of theCC heavy industry;

(1) At the time of March 5, 2012, the term “CC Heavy Industries” bears 100 won as to the payment obligation of construction equipment rent for Defendant NowonB.

(2) On March 5, 2012, under the obligation to pay the rent for the construction equipment, (1) the notification of the assignment of the instant credit to AA Savings Bank without specifying the amount of the assignment of credit on September 15, 2010, and (2) the notification of the assignment of credit to the Republic of Korea (U.S. Tax Office) with the amount of enforcement credit on August 9, 201, 941,228,380, and (3) the notification of the assignment of credit with the amount of credit 00 won on October 11, 201, and (3) the notification of the assignment of credit to ADD with the amount of credit 3,846,905, and 220 won on December 28, 2011, the notification of the assignment of credit under the Government of the Republic of Korea (U.S. Tax Office) with the deposit account under Article 201 of the Civil Execution Act (U.S. Tax Office) shall be made under the deposit Act No. 202847.

(c) Bankruptcy of AA Savings Bank;

AA Savings Bank was declared bankrupt on March 27, 2012 by the Chuncheon District Court 2012Hahap1, and on the same day, the plaintiff was selected as a trustee in bankruptcy (hereinafter referred to as "Plaintiff without distinction").

2. The parties' assertion

A. The plaintiff's assertion

The Plaintiff, as long as Defendant B transferred the instant claim to the Plaintiff, there is no right to pay the instant deposit, and Defendant DD cannot set up against the Plaintiff as long as it acquired the claim from Defendant B after the notification of the assignment of the instant claim, and Defendant Republic of Korea’s seizure based on the Korean tax claims was made after the notification of the assignment of the instant claim, and the Plaintiff is entitled to pay the instant deposit.

B. Defendant Republic of Korea’s assertion

The defendant Republic of Korea, and the transfer amount of the assignment of this case is not specified, and the future claim that should occur after the future is included in the transfer claim, and the assignment of this case is not effective because the claim in this case is not specified.

3. 피고 노QQ， 피고 한국DDDD에 대한 각 청구에 관한 판단

The fact that the defendant Eul transferred the instant claim to the plaintiff, and after the notification of the assignment of the instant claim with the fixed date, the private theory that the defendant Korea DDD's notification of the assignment of the instant claim was made is recognized as above. On the other hand, according to the private theory recognized above, it is apparent that the instant deposit is less than the total amount of the plaintiff's KimE and LaborF, and it is reasonable to view that the plaintiff's right to claim the deposit of this case between the plaintiff, the defendant Eul, and the defendant DD is the plaintiff.

4. Determination as to the claim against Defendant Republic of Korea

(1) If the assigned claim is separate from other claims in terms of social norms and is sufficient to recognize its identity, such claim shall be deemed to be specified (see Supreme Court Decision 96Da5110, May 29, 1998; Supreme Court Decision 96Da51110, May 29, 1998; Supreme Court Decision 2009Da96069, Apr. 8, 2010).

(2) On September 15, 2010, Defendant 1B introduced a construction equipment lease contract concluded between CCB and CCB on September 18, 2010 with respect to the instant case, and Defendant 2 transferred equipment rent claims except labor costs and incidental expenses to CCB to CC, and notified the transfer to CC Heavy Industries by content-certified mail. The above facts are acknowledged, and the assignment contract of this case attached to the notice of the instant assignment are as follows: (a) it is difficult to recognize that the instant construction equipment lease contract was attached to the CCB and CC industry; and (b) it is difficult to recognize that the instant construction equipment lease contract was related to the instant construction equipment lease contract concluded between the Defendant 2 and the CCB, and that the instant construction equipment lease contract was related to the instant construction equipment lease contract concluded between 18 and 2010; and (c) it is difficult to recognize that the instant construction equipment lease contract was related to the instant transfer of claims to the extent that the amount of the assignment of claims would have occurred in the future.

B. Sub-committee

The fact that Defendant Nowon transferred the instant claim to the Plaintiff, and the notification of the attachment of the Defendant Republic of Korea was made after the notification of the assignment of the instant claim was made on the date of confirmation is as recognized earlier. Meanwhile, according to the private theory recognized above, it is apparent that the instant public GongB amount was less than the sum of the Plaintiff’s KimE, and the amount of loans to the LaborF, and it is reasonable to view that the Plaintiff and the Defendant Republic of Korea have the right to claim payment of the deposit money between the Plaintiff and

5. Conclusion

Then, there is no evidence to prove that Defendant NoB and Defendant DD consented to the Plaintiff’s payment of the instant deposit, and the Defendant’s Republic of Korea is disputing the Plaintiff’s claim for payment of the instant deposit, and the Plaintiff has the interest to seek confirmation of the Plaintiff’s claim for payment of the instant deposit against the Defendants, who are the deposited or execution creditor, in order to pay the instant deposit, as well as to accept the Plaintiff’s claim for payment of the instant deposit. It is so decided as per Disposition by the assent of all.