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(영문) 광주지방법원 2014.12.05 2014가단21279
공탁금출급청구권확인
Text

1. On November 11, 2013, the distribution of clean water between the Plaintiff and the Defendant Agricultural Partnership, Inc.

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff entered into an agreement on the transfer and takeover of the claim amounting to KRW 82,247,300 with Defendant Insan FC for the distribution of clean water (hereinafter “the instant claim for the purchase price of the goods”). Defendant In U.S. FC sent notice to the distribution of clean water by the content-certified mail and sent the notice on November 6, 2012 to the effect on November 5, 2012.

B. The global freezing logistics against the Defendant asserts that the said assignment of claims constitutes a fraudulent act, and on November 9, 2012, against the Plaintiff, the Gwangju District Court 2012Kadan62351 filed a lawsuit seeking revocation of the fraudulent act by the Gwangju District Court 2012Kadan7601, and upon receipt of the decision of acceptance on November 14, 2012, the said decision reached a clean water distribution on November 15, 2012.

C. On October 17, 2013, when the lawsuit was pending, the Plaintiff and the Defendant’s global freezing logistics (hereinafter “Plaintiff”) concluded a mediation between the Plaintiff and the Defendant, stating that “The Plaintiff shall transfer to the global freezing logistics of the Defendant an amount equivalent to KRW 22 million out of the amount of the amount of the gold claims that the Plaintiff has against the Defendant for the distribution of clean water pursuant to the above agreement on the transfer and takeover of the claim, and notify the Defendant of the purport thereof. The global freezing logistics of the Defendant may notify the Plaintiff of the transfer on behalf of the Plaintiff.”

On October 31, 2013, the global freezing of the Defendant notified the Plaintiff of the purport of the assignment of claims on behalf of the Plaintiff by content-certified mail, and the notification reached the clean water distribution on November 1, 2013.

E. Meanwhile, around February 8, 2013, Defendant A applied for provisional attachment of the instant goods-price claim amounting to KRW 87,042,690, which was KRW 87,042,690, against Defendant Ninsan Franc, for the provisional attachment of the instant goods-price claim amounting to KRW 2012Kadan7384, Sungnam-nam Branch of Suwon District Court. Upon receipt of the decision of acceptance on February 6, 2013, Defendant A reached clean water distribution on February 8, 2013.

(f) Defendant A.

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