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(영문) 서울중앙지방법원 2017.09.06 2015가단36707
공탁금출급청구권
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations whose purpose is to manufacture and sell medicines, etc.

B. The Plaintiff transferred its assignment 1) The Plaintiff is a non-party Diplomatic Corporation (hereinafter referred to as “Addddddy”).

A) On October 7, 2014, during the transaction of supplying medicine to the Plaintiff, he/she entered into a contract on the transfer and takeover of credit with the effect that “it shall transfer KRW 60,000,000 to the Plaintiff out of the credit sales claims to be sold to the UBcare Co., Ltd. (hereinafter “SBcare”) to the Plaintiff for the purpose of securing the king against the Plaintiff of IBD and the obligations to be borne at present and in the future” (hereinafter “instant transfer and takeover contract”).

2) On November 24, 2014, U.S.C. notified U.S. of the assignment of claims under the instant assignment contract.

C. The Defendant’s provisional attachment and seizure 1) When the Defendant supplied Addy’s medicine, but failed to receive the price, the payment order against Adydydy’s application for a payment order on the price of goods issued by the Seoul Southern District Court 2014j25470 and the Seoul Southern District Court (hereinafter “Adydydydydy’s application to the Defendant for the payment order on the price of goods and its delay compensation amounted to KRW 50,963,926 and the payment order was finalized on February 10, 2015. 2) On December 29, 2014, the Defendant was issued a provisional attachment order with Seoul Southern District Court 2014Kadan8361 as to the goods price claim on Adydydydy’s U.S. credit at that time.

On March 12, 2015, the Defendant issued a collection order for the additional seizure of KRW 41,928,015 ( KRW 10,000,00,000) out of the goods price claim for the UBcare by the Seoul Southern District Court 2015TTTT 2015TT 366, and received the seizure and collection order for the additional seizure of KRW 31,928,015. The above order was served to UBcare, the third debtor.

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