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(영문) 서울중앙지방법원 2016.04.29 2015가합529626
공탁금출급청구권확인 청구 등의 소
Text

1. The Defendants: (a) on April 9, 2013, deposited money deposited by the Plaintiff as Seoul Central District Court No. 7325, 2013, as the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant Young-gu Co., Ltd. 1) The encouragement of Defendant Korea Co., Ltd. (hereinafter “Defendant Recommendation”).

On July 9, 2012, the Plaintiff (former Trade Name: New Construction Co., Ltd.; hereinafter “Plaintiff”)

B) On August 25, 2012, the Plaintiff entered into a contract with the Plaintiff to supply a main household, such as Washington, at the Busan major manager site, which the Plaintiff performed. (2) On August 25, 2012, the Defendant Daehan completed the supply of the main household, such as Washington, pursuant to the said contract, and acquired the Plaintiff’s claim for KRW 227,720,823 (including value-added tax) (hereinafter “instant claim”).

B. On September 4, 2012, Defendant Inhovah’s transfer of the instant claim (hereinafter “Defendant Inhovah’s Claim”). Defendant Inhovah’s loan Co., Ltd. (hereinafter “Defendant inhovah’s loan”)

(1) In order to secure the obligation such as the loan amount of KRW 100 million against Defendant Liber and the interest thereon, the claim against KRW 153,880,837 out of the instant claim is transferred (hereinafter “transfer of claim 1”).

(2) On October 23, 2012, the Plaintiff consented to the assignment of the said claim with a certificate with a fixed date on the same day. Also, on October 3, 2012, the Plaintiff transferred the claim against Defendant Co., Ltd. (hereinafter “Defendant Claim”) regarding KRW 53,880,837 of the instant claim (hereinafter “instant assignment of claim”) to the Plaintiff, and sent the notice of assignment of claim with a fixed date on October 30, 2012 to the Plaintiff, and the said notice of assignment of claim reaches the Plaintiff on October 31, 2012.

C. On November 7, 2012, Defendant A, the creditor of the instant claim, including provisional seizure, etc., and Defendant A, the creditor of the instant claim, was ordered to make a provisional seizure of KRW 96.8 million out of the instant claim against the Plaintiff who was appointed by the third debtor as the Plaintiff, and the provisional seizure order was served on the Plaintiff on November 9, 2012. (2) On December 12, 2012, the Defendant B was served on the Plaintiff on the Incheon District Court’s Vice-Support 201,13410.

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