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(영문) 서울북부지방법원 2020.04.23 2018가단15489
공탁금
Text

1. Between the Plaintiff and the Defendants, on January 24, 2017, deposited in the Seoul Northern District Court No. 449 on 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “M, engaged in wholesale and retail business of construction materials, owned the amount of KRW 15,475,400 against Defendant E, the amount of KRW 6,200,000 against Defendant H, and the amount of KRW 10,757,00 against Defendant L Co., Ltd. equivalent to KRW 10,757,00.

B. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) transferred KRW 514,80,000, out of KRW 803,100,000 to Defendant E, Defendant J, KRW 105,60,000, and KRW 106,700,000 to Defendant C Co., Ltd., respectively, and each of the above assignment of claims reached the time of Macheon on September 5, 2013.

C. Defendant E transferred KRW 5,396,832, out of the credit amount of KRW 514,80,00 that it received as above, to Defendant F, KRW 17,320,00 to Defendant H, and KRW 16,00,00 to Defendant H, and KRW 8,919,570 to Defendant H, Defendant I, and KRW 15,475,40 to the Plaintiff, respectively. The above assignment of credit amount of KRW 514,80,00 to Defendant F, Defendant F, G, and H reached each of the above assignment of credit amount of KRW 5,00 on January 9, 2014; and the above assignment of credit amount of KRW 5,39,832 to Defendant F, Apr. 15, 2014; and the above assignment of credit amount to Defendant I reached each of the above assignment of credit amount of KRW 16,00 to Plaintiff on April 29, 2014.

Defendant H transferred KRW 6,200,000, out of the claim amounting to KRW 16,000,000 which was taken over as above, to the Plaintiff. The notice of assignment of the claim was reached on April 28, 2014.

E. Defendant L Co., Ltd. transferred KRW 10,757,000, out of the total amount of KRW 106,700,000 that it acquired, to the Plaintiff. The notice of assignment of the claim was reached on April 28, 2014.

F. Meanwhile, on January 25, 2017, Macheon-si deposited KRW 101,664,00 (hereinafter “instant deposit”) with the Seoul Northern District Court No. 449 in 2017, on the grounds that the genuine creditors cannot be known due to concurrent claims such as assignment of claims and provisional seizure of claims.

[Based on recognition] The plaintiff, defendant corporation B, F, G, and

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