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(영문) 부산지방법원 2017.03.22 2016가합42476
공탁금출급청구권확인
Text

1. A construction chemical industry corporation: 457,575,250 won deposited by Changwon District Court No. 4156 on November 3, 2015.

Reasons

1. Basic facts

A. The Plaintiff: (a) AC Co., Ltd. (hereinafter “AC”) around November 14, 2014 around November 14, 2014

2) The construction chemical industry Co., Ltd. (hereinafter “construction chemical industry”) is established in order to secure the principal and interest of the above bonds by acquiring bonds with preemptive rights to new stocks.

(B) the sales claim, etc. currently available or future to them (hereinafter referred to as “instant sales claim”)

(2) The transfer security agreement of this case (hereinafter referred to as “instant transfer security agreement”) providing that the transfer shall be made.

(2) On July 10, 2015, AC sent to the Construction Chemical Industry with a fixed date-certified mail indicating that it transferred the instant sales claim to the Plaintiff, and on July 14, 2015, AC sent the said content-certified mail to the Construction Chemical Industry.

B. Upon the request of the Defendants, each of the seizure and collection orders concerning the sales claim of the instant case was issued as indicated below, and each of the above seizure and collection orders was served to the construction chemical industry on each service date indicated in the same table.

On August 10, 2015, the delivery date of the creditor's case number requested by the defendant corporation, EFS C Changwon District Court 2015TTTT 7629 200,000,000 won on August 10, 2015.

Pursuant to the latter part of Article 487 of the Civil Act on November 3, 2015 and Article 248(1) of the Civil Execution Act, the depositer of the construction chemical industry deposited KRW 457,575,250 of the sales claim of this case (hereinafter “the deposit of this case”) with Changwon District Court No. 4156 on the ground that the transfer of credit and the collection order for the sales claim of this case coincide with the transfer of credit and the collection order for the seizure and collection order for the sales claim of this case.

[Ground of recognition] O U.S. Co., Ltd.: The defendant B has no dispute over the facts, Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 through 3.

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