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(영문) 수원지방법원 2020.07.21 2018가단21032
공탁금출급청구권확인
Text

1. As to KRW 184,335,00 deposited by Suwon District Court No. 6152 on June 20, 2018, as Suwon District Court Decision 2018.

Reasons

Basic Facts

A. D Co., Ltd. (hereinafter “D”) was established on August 21, 2014 for the purpose of mobile meal service sales business, apartment construction site restaurant business, etc.

D On July 1, 2016, between C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “C”) entered into a “contract for mobile meal service operation” (hereinafter “instant meal service contract”) with the content that D will provide meals and meals to employees and workers at the construction site E (hereinafter “instant construction site”) and pay C the price thereof.

B. On January 13, 2017, the Defendant entered into a contract for the transfer of a corporation and a business license with D with the following terms and conditions, and the subject of the transfer also includes a substitute claim on the instant construction site according to the instant meal service contract (hereinafter “instant claim”), and D notified D of the transfer on the same day.

(hereinafter referred to as the “instant contract for transfer of business” is referred to as the “instant contract for transfer of business,” and among them, the part regarding the instant contract for transfer of claims is referred to as the “instant contract for transfer of claims”). The nominal owner of the contract: transferor - D, transferee - subject to transfer

1. Total number of stocks owned by D and companies;

2. Expenses for the supply of mobile meals and for the transfer of business rights within the construction site of this case by D: 10 million won of shares owned by F by the representative director of D shall be transferred to 1,00 won.

The proceeds of the transfer of a business license (block operation right): Total 260 million won - the down payment of KRW 200 million at the time of conclusion of a contract, and the remainder of KRW 30 million out of the remainder of KRW 60 million shall be paid up to March 31, 2017, and the remainder of KRW 30 million shall be offset by the food amount recovered by D on January 31, 2017.

C. On June 1, 2017, the Plaintiff, as a creditor of D, received a decision on provisional seizure of claim (hereinafter “decision on provisional seizure of claim”) against KRW 10,355,00,00 among the instant claims held by the Suwon District Court 2017Kadan434 (hereinafter “C”), and the said decision was served on C, a garnishee on June 5, 2017.

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