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(영문) 서울남부지방법원 2014.12.18 2014가단227953
공탁금출금권자확인의소
Text

1. On July 17, 2014, the Seoul Southern District Court (Seoul Southern District Court) 2014, between the Plaintiff and the Defendants.

Reasons

1. On February 27, 2014, the Plaintiff entered into a contract for debt transfer of KRW 100,000,000 among the claim for the amount of goods to be received by the said company from Korea Textiles Co., Ltd., and notified the transfer to Korea Textiles Co., Ltd. on March 3, 2014. On March 4, 2014, the said company received the notice of claim transfer on March 4, 2014.

On the other hand, Defendant Suwon Tech Co., Ltd., in addition to the Plaintiff, notified the transfer of claims to Defendant 1, 2, and 3, and notified the Korea Textiles Co., Ltd. of the transfer of claims, and the notice of the transfer of claims to Defendant Sam Chang Chang Fac Co., Ltd. was the most late.

Nevertheless, as the defendant Samsan Franchi Co., Ltd. claimed the priority order of the transferee's claim, the Hanyang Franchi Co., Ltd. could not confirm the creditor, and deposited KRW 202,337,012 with the Seoul Southern District Court No. 3832 in July 17, 2014 as Seoul Southern District Court Decision 2014.

According to Article 450 of the Civil Code, the transfer or acceptance of nominative claim shall not be set up against any third party other than the obligor, unless it is based on the certificate with the fixed date, and the notification of the transfer of third party's patent right shall have no opposing power against the Plaintiff and the other Defendants.

Therefore, KRW 62,337,012 out of the above deposit was the Plaintiff’s right to claim payment, resulting in the Plaintiff’s claim.

2. Determination:

(a) The applicable provisions to judgment on claims against Defendant Mtex and Defendant Ntex: Each confession (Article 208 (3) 2 of the Civil Procedure Act);

B. The above defendant did not dispute the contents of the plaintiff's assertion as the cause of the claim against the defendant Dae Shipping Aviation Corporation.

Therefore, the plaintiff's claim against the above defendant is justified.

C. If the judgment on the claim for the defendant Samsan Franchi Co., Ltd. was transferred twice, the transferee is mutually entitled.

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