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(영문) 인천지방법원 2017.04.27 2016가단233056
공탁금출급청구권확인 청구의 소
Text

1. The Plaintiff and the Defendants deposited as Suwon District Court No. 10800 in 2013, Nov. 14, 2013.

Reasons

1. Facts of recognition;

A. Defendant LbS Co., Ltd. (hereinafter “Defendant LbS”) has a claim for the purchase of goods amounting to KRW 146,106,298 (hereinafter “instant claim”) against Hz Co., Ltd. (hereinafter “LbS”).

B. On August 30, 2013, the Plaintiff’s notification of the transfer of the claim and the notification of the transfer of the claim were received from Defendant El U.S., at the same time, the power of attorney regarding the notification of the transfer of claim was granted. On September 5, 2013, the Plaintiff notified the transfer of the claim by content-certified mail along with the power of attorney regarding the notification of the transfer of claim. On September 6, 2013, the content-certified mail was served on Haz on September 6, 2013.

(A) No. 2-1, hereinafter referred to as “transfer of claims of this case”).

In the event of the assignment of claims, the notification and provisional attachment of claims, seizure and collection order, and assignment order, etc., the Defendants, the creditors of Defendant El U.S., were served with the notification of assignment of claims, provisional attachment of claims, seizure and collection order, etc., as follows.

1) Direct claim for the transfer of the right to claim for the instant claim by Defendant P&C Co., Ltd. (C. on August 13, 2013) 2) Defendant P&C Co., Ltd. 3 (C. on August 27, 2013) Defendant P&C Co., Ltd. (C. on September 29, 2013) Defendant P&C Co., Ltd. 4) Defendant P&C Co., Ltd. 3. Defendant P&C’s notification of the transfer of the right to claim for the instant claim, including provisional attachment, claims attachment, collection order, assignment order, etc. (C. from September 9, 2013 to October 29, 2013).

D. 1) In principle, notification of the assignment of claims should be given by the transferor. However, the transferee may obtain the power of representation concerning notification of the assignment of claims from the transferor. 2) Defendant two original engineering companies, Defendant Haz, Defendant.

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