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(영문) 서울중앙지방법원 2017.08.24 2016가단5252556
공탁금출급청구권 확인
Text

1. The Plaintiff, the Korea Stock Savings Bank, the Korea Savings Bank, and the Korea Asset-Backed Savings Bank.

Reasons

1. Basic facts

A. On October 201, Nonparty A entered into a contract with the New Bank of Korea (hereinafter the name of the Co., Ltd. is omitted; hereinafter the same shall apply to the Defendants) under which part of 113.15 square meters (C value) of the second floor of the land B in Jung-gu, Seoul (hereinafter referred to as “the instant lease contract”) is “ deposit KRW 80 million, monthly rent KRW 1700,000 (Additional Tax), and the lease period from November 18, 201 to November 18, 2013” (hereinafter referred to as “the instant lease contract”).

B. The instant lease agreement consists of five pages in total, and Article 9 (Prohibition of Assignment and Sub-lease) of the third page, which is the document attached thereto, contains a special clause stating that “A shall not transfer or deposit a claim for the refund of a lease deposit to another person or sub-lease all or part of the object of the lease contract” (hereinafter “the instant special agreement”).

C. On March 2, 2016, based on the principal and interest claim amounting to KRW 223,239,560 against A, the Plaintiff received a seizure and collection order (Seoul Northern District Court 2016Tukbu District Court 201125) on the claim for the refund of the instant lease deposit, and the written decision reached the third debtor (new bank) on March 7, 2016.

On the other hand, A had already transferred all or part of the claim to return the lease deposit of this case to the Defendants and notified the new bank of the assignment of the claim or the establishment of the pledge right, and the details of the assignment of the claim are as follows.

On June 1, 2015, KRW 19,50,000,000,000 of the assignment of the credit of the business credit loan, which is KRW 80,000,000,000 on August 3, 2015, which is KRW 39,000,000,000,000 of the pledge of the Korea Asset Savings Bank; and on February 2, 2016, Article 39,00,000 won on February 5, 2016, of the transfer of credit of the Korea Asset Savings Bank; and

The New Bank of Korea against A on April 7, 2016, "A" Article 9 of the instant lease agreement.

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