logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.09.28 2014가단44026
공탁금출급청구권확인
Text

1. The Defendant (Counterclaim) is the Jeonju District Court No. 3702, Nov. 6, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Korea Veterans Welfare and Healthcare Corporation (hereinafter “Korea Veterans Welfare and Healthcare”) entered into a purchase contract with B Co., Ltd. (hereinafter “B”) on July 26, 2013 on the basis of the terms and conditions that the said contract cannot be transferred to a third party without the written approval of each of the said hospitals, with the name and other drugs for each institution from August 1, 2013 to July 31, 2014.

Since then, B supplied goods to the Busan Veterans Hospital, Daegu Veterans Hospital, etc. according to the above contract.

B. On July 30, 2014, B transferred to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), the sum of KRW 9,240,000, and KRW 19,856,000 (hereinafter “instant claim for the instant claim for the purchase of goods”) of the Busan Veterans Hospital’s claim for the purchase of goods at the Busan Veterans Hospital, and KRW 19,00,000 (hereinafter “instant claim for the purchase of goods”) (hereinafter “instant contract for the transfer of claims”); and B, on August 5, 2014, notified Nonparty Corporation of the transfer of the said claim by mail with a certified content-certified fixed date, which reaches Nonparty Corporation on August 6, 2014.

C. On August 19, 2014, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) received a provisional attachment order with the Jeonju District Court 2014Kadan2772 regarding the instant goods-price claim on the grounds that KRW 130,236,835, out of the loans against B and credit card use-price claim against B, the Defendant (hereinafter “Defendant”) received a provisional attachment order with the Jeonju District Court 2014Kadan272, and the original copy of the decision reached the Nonparty Corporation on August 22, 2014.

On November 6, 2014, Nonparty Corporation deposited KRW 8,695,000 with the Jeonju District Court No. 3702 of 2014, and KRW 9,856,000 with the Taeju District Court No. 3702 of 2014, Nov. 18, 2014, for repayment deposit and execution deposit due to provisional attachment against each creditor on the ground that each creditor is not possible, the Jeonju District Court No. 3807 of 2014.

each of the above.

arrow