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(영문) 서울중앙지방법원 2016.04.29 2015가단118395
공탁금출급청구권확인
Text

1. The sequence between the Plaintiff and the Defendant’s list

1. Between the Defendants and 14. Of the Defendants, the Bank of Korea, Korea, June 3, 2015.

Reasons

1. Basic facts

A. On November 27, 2009, when the conclusion of the monetary claim trust contract as of November 27, 2009, the financial investment company of the Defendant Dlimb project (hereinafter “Defendant Dlimb”) opened an enterpriseMDA deposit account (Account Number 1005-601-57613, Deposit Amount 75 billion won; hereinafter “instant 1 account”) with the Korea Bank (hereinafter “Korea Bank”) on November 23, 2009. On November 27, 2009, it received a loan of KRW 850 billion from the lender composed of the Plaintiff, etc. (hereinafter “instant 1 loan”), and on the same day, it concluded a trust contract with the Plaintiff (hereinafter “instant trust contract”) with the content of the instant 1 deposit claim against the Korea Bank of Dlimb as well as the right to deposit claim incidental thereto.

On November 27, 2009, Defendant Drupb notified Korea Bank that it entrusted the deposit claim of this case to the Plaintiff, and on the same day, obtained the consent of Korea Bank from the fixed date copy of the trust.

B. On November 29, 2010, in the course of the conclusion of the monetary claim trust contract as of November 29, 2010, Defendant Down opened a corporate MDA deposit account (Account Number 1005-801-751384, 45.85.00 billion won; hereinafter “instant secondary deposit account”) with the Bank on November 24, 2010, and it received a loan of KRW 6,55.5 billion from the lender composed of the Plaintiff, etc. (hereinafter “instant second loan”). On the same day, on the same day, in order to secure the above debt, the trust contract was concluded with the Plaintiff for the instant second deposit claim against Defendant DDB bank and for the rights incidental thereto in trust with the Plaintiff (hereinafter “instant trust contract”).

On November 29, 2010, Defendant Drupb notified Korea Bank of the purport that it entrusted the Plaintiff with the deposit claim of this case of this case of the second account, and on November 30, 2010.

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