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(영문) 인천지방법원 2019.06.11 2018나64989
공탁금 출급청구권 확인
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. C Co., Ltd.: Seoul Central District Court on July 4, 2017.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

2. As to the principal lawsuit

A. 1) Determination on the cause of a claim is based on the assignee’s bad faith or gross negligence where a claim under a special agreement on the prohibition of assignment of a claim is transferred, the burden of proving the assignee’s bad faith or gross negligence is borne by the obligor. However, in such a case, there is sufficient room for doubt as to whether the assignee’s good faith, etc. is legitimately transferred, barring any special circumstance, the obligor may make a deposit for payment on the ground of whether it is impossible for creditors under the latter part of Article 487 of the Civil Act (see, e.g., Supreme Court Decision 2000Da55904, Dec. 22, 2000). Between the assignees where a claim is transferred dually, the priority between the assignees is not determined after the fixed date attached to the notification or consent, i.e., the obligor’s awareness of the assignment of claim, or after the date of consent with the fixed date fixed date delivery, and such legal doctrine is likewise applicable to cases where the obligor determines the obligation of provisional attachment order between the assignees and the assignees.

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