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(영문) 서울중앙지방법원 2019.08.22 2018가단5184466
공탁금 출급청구권 확인
Text

1. K Co., Ltd. deposited with the deposit officer of the Seoul Central District Court on August 10, 2018 in gold No. 19232 in 2018.

Reasons

1. Facts of recognition;

A. On November 3, 2016, Defendant B’s joint and several sureties Co., Ltd. and the instant credit transfer and notification (1) on November 3, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) and L Co., Ltd.’s representative director were 21,83,800,000 won in total for the amount not paid to the Plaintiff among the goods transaction between the Plaintiff and N Co., Ltd., Ltd., P, P, Q, R, Inc., Ltd., T, U. and U. and the Plaintiff, and agreed to repay the remainder by December 30, 2016, and the Defendant B and L Co., Ltd. jointly and severally guaranteed the said obligation against the Plaintiff.

(2) In order to guarantee the repayment of the present or future debt owed by Defendant B to the Plaintiff between Defendant B and the Plaintiff, the Plaintiff is “K et al. and “K”.

50 million won (500 million won) out of the lease deposit provided under the lease agreement, and 'the claim of this case' is 'the claim of this case'

(3) The Plaintiff: (a) prepared a written contract for a monetary loan agreement that provides that the Plaintiff shall transfer to the Plaintiff (date of its preparation), and the Plaintiff filed an application for payment order against M as the Plaintiff did not comply with the promise under the foregoing (1); (b) on September 8, 2017, the Plaintiff agreed to pay KRW 6,226,018,830 borrowed from the Plaintiff between M and the Defendant B by September 30, 2017; and (c) Defendant B drafted a notarial deed of a monetary loan agreement that provides that the Plaintiff shall jointly and severally perform the foregoing obligation to the Plaintiff within the maximum amount of KRW 2,66,976,655, within the limit of KRW 2,66,00,000; and (d) the Plaintiff suspended its business on September 1, 2017; and (d) the Plaintiff sent the notice of assignment to K on October 10, 2017 in accordance with the authority delegated by the instant contract for a monetary loan agreement.

(b) the defendant.

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