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(영문) 서울중앙지방법원 2015.08.26 2015가단17751
공탁금출급청구권확인
Text

1. E’s deposit balance of KRW 31,374,917 deposited by the Seoul Central District Court No. 16313 on August 21, 2012 22,700.

Reasons

1. Basic facts

A. Defendant B leased 100 million won of deposit money from E and F on February 11, 2011.

B. On February 11, 2012, Defendant B (hereinafter “Nonindicted Company”) transferred the assignment of claims for the refund of deposit money and provisional seizure 1) Defendant B is Nonparty Han Capital Co., Ltd. (hereinafter “Nonindicted Company”).

(E) claims for the return of deposits to E and F (hereinafter “instant claims”);

(1) The Plaintiff transferred the instant claim to the Plaintiff for the purpose of providing security for the loan (hereinafter “instant claim transfer”).

) On March 30, 2012, Nonparty Company loaned KRW 10 million to Defendant B (hereinafter “instant loan”).

() On April 2, 2012, Defendant B notified E of the transfer of the instant Claim No. 1 by content-certified mail with a fixed date, and that notification reached E on April 3, 2012, the Plaintiff received from Defendant B the transfer of KRW 10 million out of the instant Claim No. 2 (hereinafter “instant transfer of Claim No. 2”), and Defendant B notified E of the transfer of the instant Claim No. 2 by content-certified mail with a fixed date on April 4, 2012, and that the notification reached E on April 5, 2012.

3) On June 19, 2012, Defendant C received a provisional attachment order regarding the instant claim by using the monetary claim amounting to KRW 30 million against Defendant B as the preserved claim by Seoul Central District Court Decision 2012Kadan36184, and the provisional attachment order was served on E on June 22, 2012. 4) Defendant D transferred the instant claim amounting to KRW 15 million from Defendant B on July 17, 2012, and around that time, Defendant B notified Defendant B of the assignment of the instant claim.

5) Defendant Hyundai Capital Co., Ltd. (hereinafter “Defendant Hyundai Capital”);

On July 27, 2012, the Seoul Central District Court 2012Kadan42367, issued a provisional attachment order regarding the instant claim with the claim of KRW 8,801,372 against Defendant B as the preserved claim, and the provisional attachment order was served to E on August 14, 2012.

C. E: (a) August 21, 2012, the Seoul Central District Court No. 16313, 2012, as the Defendant B’s claim.

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