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(영문) 서울중앙지방법원 2015.10.06 2013가단5147844
공탁금출급청구권 확인의 소
Text

1. Of the 281,191,86 won deposited by the Busan District Court No. 6164, 2013, 55,371,268 won.

Reasons

1. Facts of recognition;

A. The Defendant Nurier Co., Ltd. (hereinafter “Nurier”) entered into a goods supply contract with Sejong (hereinafter “Nurier”) when indicating the person involved in the case, a stock company, omitted the indication of the corporation).

As of May 6, 2013, the claim for the price of the goods against the Defendant Enitius was KRW 281,191,886 (hereinafter “instant claim for the price of the goods”).

B. Around May 6, 2013, Defendant Niver entered into a contract with the Plaintiff to transfer KRW 5,371,268 of the instant product price claim against Defendant Niver, among the instant product price claim against Defendant Niver, to the Plaintiff (hereinafter “instant contract to transfer the instant products”). The instant contract to transfer the instant products agreed that the instant contract would take effect on May 31, 2013.

C. Defendant Eioper notified the foregoing assignment of claims to Sejong, and the above notification reached Sejong around May 6, 2013.

The detailed contents are as follows: (a) the notice of the assignment of each of the claims and the ruling of provisional seizure against the claim of this case against the defendant Lee Nuri-si was served, including the notice of the assignment of the claims above; and (b) the specific contents are as follows.

On April 2, 2013, Defendant 20: (a) the date of delivery of the No. 19 creditor's claim for the transfer or provisional seizure of the claim amount; (b) the provisional seizure of the claim against Defendant 19 (Ulsan District Court 2013Kadan1048) 21,753,600 on April 8, 2013; and (c) the provisional seizure of the claim against Defendant 20 Crack 20 on April 39, 2013 (Seoul Central District Court 2013Kadan46092); and (d) Defendant 3,882,807 on April 24, 2013 (Seoul District Court 2013Kadan3157); and (d) the provisional seizure of the claim against Defendant 21, H. 215,721, and (e) the provisional seizure of the claim against Defendant 25, 2013 on April 24, 2013

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