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1. On December 23, 2004 between the Plaintiff and the Defendants, the Seoul Southern District Court was golded on December 23, 2004.
Reasons
1. Facts of recognition;
A. On May 20, 2013, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as bankruptcy trustee.
B. Around August 2004, Defendant Kuju Textiles Co., Ltd. (hereinafter the Defendant Co., Ltd) determined five floors among the above-ground buildings 15-15, Yeongdeungpo-gu Seoul Metropolitan Government, Youngdo Co., Ltd. as KRW 122,480,00 (or KRW 150,000,000 during B; hereinafter the instant deposit) and leased the five floors among the above-ground buildings from Hando-dong 15-15, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, and paid the deposit and used the deposit.
C. On October 21, 2004, the Defendant Company transferred a claim to return KRW 122,480,000 of the instant deposit to Han Bank Co., Ltd. (hereinafter “One Bank”) and notified the transfer of the instant claim with a document with a certified fixed date on a one-time basis. The notification reached the first-time watch on October 25, 2004.
On October 21, 2004, the defendant company transferred the claim to return KRW 150,000,000 of the deposit of this case to Choung Bank Co., Ltd. (the new bank will be merged with the new bank after that date; hereinafter the new bank), and notified the fact of transfer to the new bank with a certified fixed date on the new one, and the notification reached the new one on October 25, 2004.
E. On November 2, 2004, the defendant Gyeongnam Bank Co., Ltd. (hereinafter the defendant bank) received a provisional seizure order against the debtor as Seoul Southern District Court 2004Kadan19040 on November 2, 2004, where the debtor is the defendant company and the third debtor as the defendant company and the third debtor, which provisionally seizes the claim of KRW 100 million out of the deposit of this case. The above decision reached the first half of November 5, 2004.
F. On December 23, 2004, Japan shall designate the deposited person as one bank, a new bank, or a defendant company, with the Seoul Southern District Court No. 6156 of 2004, on the grounds that the notification of the transfer of each assignment to one bank and the new bank was concurrent with the notification of the provisional seizure order of the defendant bank, and pay it to the defendant company.