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1. Non-N&K Seoul Food Co., Ltd.: 13,526,575 won deposited by the Incheon District Court No. 116 on January 8, 2018.
Reasons
1. Basic facts
A. On February 1, 2017, the Plaintiff prepared a contract for transfer and takeover of the obligation between the Defendant C&P system (hereinafter “Defendant C&P system”) and the Defendant C&P system (hereinafter “Defendant C&P system”) with the content that the Plaintiff will take over KRW 260,000,000 among the current or future credit sales claims, which are currently owned by Nonparty C&P Seoul F&D pursuant to a supply contract with Nonparty C&P (hereinafter “Nonindicted F&P”), and which was concluded on February 1, 2017.
Then, while notifying the non-party company of the transfer of sales claim under the Plaintiff’s name, the Plaintiff sent to the non-party company a notice of the transfer of credit between the Plaintiff and the Defendant APP system, the notice of the transfer of credit under the name of the Defendant APP system, the business registration certificate of the Defendant APP system and the certificate of corporate seal impression, and the tax invoice issued by the Defendant APP system, by certified content-certified mail on December 4, 2017, and the notice of the transfer of sales claim reached the non-party company around 10:30 on December 5, 2017.
B. On November 8, 2017, Defendant A acquired KRW 15,000,000, out of the claim for the transfer of goods to the non-party company of the Defendant APP system against the non-party company of the Defendant APP system. On December 4, 2017, Defendant A sent the notification of the transfer of goods to the non-party company by content-certified mail with a fixed date, and the notification of the transfer was reached to the non-party company around 10:30 on December 5, 2017.
C. On January 8, 2018, as the Incheon District Court No. 20116, the non-party company issued a notice of the Plaintiff’s transfer of claims and a notice of Defendant A’s transfer of claims regarding the credit purchase amount of the Defendant APP system. The Plaintiff, Defendant A, and Defendant A, on the ground that the Plaintiff’s credit amount is so big that the date of preparation is omitted in the Plaintiff’s notice of transfer and the transfer contract was omitted, making it impossible to identify whether the deposited person is a legitimate transfer of claims.