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(영문) 수원지방법원안양지원 2019.01.18 2017가단11504
공탁금 출급청구권 확인
Text

1. The Defendant: (a) on May 25, 2016, as the head of Suwon District Court deposit official, the head of Suwon District Court No. 2016, May 25, 2016.

Reasons

1. Facts of recognition;

A. On January 4, 2016, the Plaintiff acquired the claim for the amount of KRW 169,514,700 from D (hereinafter referred to as “D”) to C (hereinafter referred to as “C”), and D, on January 15, 2016, notified C of the transfer of the claim by a content-certified mail with a fixed date and sent it to C on January 18, 2016.

B. The Defendant, the E, and F received a seizure and collection order as follows with respect to the claim for the purchase price of goods against D D, as to the seizure and collection order.

The defendant is the person who received a decision of cancellation from the rehabilitation court regarding the order of seizure and collection of the above Suwon District Court Support 2016TTTTT 2016TTT 2015TTT 8636, Nov. 11, 2016. 59, 944, 750, and 2016TT 877.

(Defendant’s 4 pages out of the preparatory documents dated June 21, 2018). 50,000,000 3F Suwon District Law on February 19, 2016, 2016, 2016, 151,975,186

C. On November 3, 2015, the Defendant acquired the Defendant’s claim amounting to KRW 445,00,000, out of the purchase price of goods against C from D. On March 10, 2016, the Defendant notified C of the acquisition of the said claim by content-certified mail and sent notification to C on March 11, 2016.

C on May 25, 2016, the deposit was made by mixing the deposit amount with KRW 162,734,275, on the grounds of the creditor uncertainty and the seizure competition, etc. of the Suwon District Court No. 2016, May 25, 2016, with the deposit amount of KRW 162,734,275.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5 (including additional numbers), the witness G testimony, the purport of the whole pleadings

2. Determination:

A. Where 1 claim judgment on the cause of the claim is transferred twice, the order between the assignees shall be the same after the date when the notice of transfer with the fixed date on the assignment of claim reaches the debtor or after the date of acceptance with the fixed date of acceptance.

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