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1. C Co., Ltd.: 68,323,659 won out of 113,203,484 won deposited by Suwon District Court No. 4608, Jun. 8, 2016.
Reasons
1. Facts of recognition;
A. On January 24, 2013, Defendant B entered into a lease agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) by setting the lease term from April 14, 2008 to April 13, 2013, the lease deposit amount of KRW 360,000,000,000,000 for monthly rent of KRW 8,40,000,000,000,000 for the lease deposit to the Nonparty Company.
B. However, with respect to the above claim to return the lease deposit, Defendant EsPWnB Co., Ltd., the creditor of Defendant B, received the claim amounting to KRW 36,613,979 as Suwon District Court 2015Kadan20293 on September 3, 2015, and the provisional attachment order was reached against the non-party company on September 4, 2015, and the other creditor of the Korea Credit Guarantee Fund received the claim amounting to KRW 8,265,846 as Seoul Southern District Court 2015Kadan203087 on October 29, 2015, and the provisional attachment order reached the non-party company on November 3, 2015.
C. On November 20, 2015, Defendant B transferred to the Plaintiff a refund claim of KRW 360 million against the non-party company, and notified the non-party company of the above assignment of claims. The above assignment of claims reached the non-party company on November 26, 2015.
On February 15, 2016, the Suwon District Court issued a collection order of KRW 43,522,829 with regard to the claim for the return of the above lease deposit, which is sent to Defendant Song River Co., Ltd., upon receipt of the claim amounting to KRW 43,52,829, and the above decision reached the non-party company on February 18, 2016.
E. Meanwhile, although the non-party company executed provisional attachment, transfer and takeover of claims, seizure and collection order against Defendant B’s claim to return the lease deposit, as seen above, it is doubtful whether the transfer and takeover of claims is lawful, and on the ground that it is unclear who the creditor is due to competition with creditors, etc., the Suwon District Court Decision 4608, June 8, 2016, which was KRW 360 million.