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(영문) 서울남부지방법원 2015.06.18 2014가합108189
공탁금출급권확인의 소
Text

1. On June 18, 2014, ELS Co., Ltd. deposited by the Seoul Southern District Court No. 3321, 2014, 627,642.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 17, 2014, the Plaintiff lent KRW 300 million to Defendant B Co., Ltd. (hereinafter “Defendant B”), and received KRW 300 million from Defendant B’s ELCS (hereinafter “instant assignment of claims”), to secure this, the Plaintiff received KRW 300 million (hereinafter “instant assignment of claims”), and Defendant B, as the addressee, issued a notice of assignment of claims to the Plaintiff and delegated the authority to notify the assignment of claims to the Plaintiff.

B. If Defendant B did not repay the loan even two months after the repayment period expires, the Plaintiff delegated the power to notify the assignment of the credit by Defendant B to the Plaintiff, on March 18, 2014, sent the notice of the said assignment of credit to ELCS with a certificate with a fixed date, and the notification of the transfer was issued on March 19, 2014.

After that, even though the repayment date was postponed at Defendant B’s request, the Plaintiff did not repay the borrowed money thereafter, and on April 1, 2014, Defendant B, which was kept in custody on April 16, 2014, sent a notice of assignment of claims to LIS on April 1, 2014, with a certificate with a fixed date and received the notice of assignment to LIS on the same day.

C. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) art and technology, and the Defendants received the provisional attachment, seizure and collection order, etc. against Defendant B’s claim against ELCS before and after the instant assignment of claims was notified. The specific contents are as follows.

The content of the date of service of the creditor’s claim Nos. 1, 56,83,950 of the Defendant Arts and Technology 56,83,950, April 4, 2014, the Seoul Southern District Court 2014Kadan2004 Claim Provisional Seizure 2, Defendant Hague Information Technology 9,900,000 on April 17, 2014, Seoul Southern District Court 2014Kadan2160 Claim Provisional Seizure 323,203,203,9200 of the Defendant Republic of Korea (Yacheon Tax Office) on April 16, 2014, Defendant 4, Defendant Republic of Korea (Yacheon Tax Office) on the assignment of claim No. 323,203,920 on April 29, 2014, who was not Defendant 5 for the seizure of claims.

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