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(영문) 대구지방법원 2015.10.22 2014가합200057
공탁금출급청구권확인의 소
Text

1.Mets Fire and Marine Insurance Co., Ltd. deposited on 20.20.20.20. Seoul Central District Court No. 18745, 192,941.

Reasons

1. Facts of recognition;

A. On April 9, 2010, A entered into a fire insurance contract (hereinafter “instant insurance contract”) with a “F’s factory building located in Busan Metropolitan City E (hereinafter “instant factory”) in which the machinery and inventory assets in the factory were determined as the subject matter of insurance and with each subscription amount as 100 million won for buildings, machinery, and inventory assets as the subject matter of insurance.

B. On April 9, 2011, the machinery and inventory assets in the instant factory were destroyed by fire (hereinafter “instant fire”) at the instant factory.

C. On September 20, 2012, on the grounds that the ownership relationship of the machinery and the inventory asset destroyed by the instant fire is unclear, and that provisional attachment and seizure by creditors are concurrent with respect to the right to claim the insurance money, the Defendants and 17 other than the Defendants deposited KRW 192,941,319 (the insurance money of the machinery 92,941,319 + KRW 100 million for the insurance money of the inventory assets, hereinafter “instant deposit”).

Part of the inventory assets which were destroyed by the instant fire is owned by ZEex, Inc. (hereinafter “Steex,”). Machines and remaining inventory assets are owned by A, and insurance money for the said inventory assets owned by Meteex, among insurance money deposited by Mez fire and marine insurance, KRW 192,941,319, is KRW 3,664,784.

E. A was declared bankrupt on October 19, 201 by the Daegu District Court 201Hadan1849, when operating a business in the name of F, and discontinued the business on April 10, 201 and actually discontinued the business.

At the time, A was unable to pay wages and retirement allowances to 12 persons, such as Nonparty G, etc. who are employed by the employees, and the said employees are paid the unpaid wages and retirement allowances.

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