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Reasons
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(영문) 서울동부지방법원 2020.11.13 2019가합108013
공탁금 출급청구권 확인
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1. The Plaintiff among the 5,949, 277,192 won deposited by the Seoul East Eastern District Court No. 1556 on May 7, 2019.

Reasons

1. Facts of recognition;

A. On February 12, 2018, Defendant C Co., Ltd. (hereinafter “Defendant C”) transferred the part of KRW 1,500,000,00 among the performance bond refund claims related to the “M business” (hereinafter “the instant deposit claim”) of Defendant C to the Plaintiff Co., Ltd. (hereinafter “Plaintiff C”) on the Seoul Transport Corporation (hereinafter “Plaintiff”) and notified the said assignment of the claim to the Seoul Transport Corporation by content-certified mail, and the notification was reached to the Seoul Transport Corporation on February 19, 2018.

B. On February 12, 2018, Defendant C transferred to Defendant E Co., Ltd. (hereinafter “Defendant E”) KRW 500,000,000 of the instant security deposit claims, and notified the said assignment of claims to Seoul Transport Corporation by content-certified mail, and the notification reached the Seoul Transport Corporation on May 24, 2018.

C. (1) On February 12, 2018, Defendant C transferred to Defendant D Co., Ltd. (hereinafter “Defendant D”) the part of KRW 1,00,000,000 of the instant security deposit claims, and around that time, part of KRW 500,000 of the instant security deposit claims to N Co., Ltd. (hereinafter “N”). Defendant C notified Defendant C of the said assignment of claims to Defendant D by way of content-certified mail on May 23, 2018, and the said notification reached the Seoul Transport Corporation (N-related assignment notification) on May 24, 2018.

(2) On November 5, 2018, Defendant D and N transferred KRW 1,50,000,000 (=Defendant D: KRW 1,000,000,000) each acquired from Defendant C to Plaintiff B (hereinafter “Plaintiff B”).

On November 15, 2018, the Seoul Transport Corporation drafted a letter of approval (hereinafter “instant letter of approval”) to the effect that it transferred KRW 1,000,000 to Plaintiff B, Defendant D among the instant security deposit claims, and N transferred KRW 500,000 to each Plaintiff B.

After that, Seoul Transport Corporation received a provisional seizure order, etc. (hereinafter “instant preservative measure, etc.”) as follows with respect to the instant security deposit claim.

1) Provisional seizure against claims (Seoul Eastern District Court December 12, 2018)

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