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1. F Co., Ltd.: 423,629, out of 482,552,780 won deposited by Suwon District Court No. 8534, Oct. 14, 2016.
Reasons
Basic Facts
A. On July 6, 2016, the Plaintiff received 550,000,000 won from Defendant B Co., Ltd. (hereinafter “Defendant B”) among the goods-price claim against Defendant B Co., Ltd. (hereinafter “F”), and Defendant B notified the transfer of the said claim to F by mail with content-proof document on August 22, 2016, and the notification reached F on August 23, 2016.
B. On October 14, 2016, F deposited KRW 482,552,780 (hereinafter “instant deposit”) as indicated in the order with the Plaintiff, on the ground that, in addition to the assignment of claims indicated in the foregoing paragraph (A) against Defendant B, the assignment of claims, provisional seizure of claims, seizure and collection order, as indicated below, cannot be known as real creditors because the assignment of claims and the provisional seizure of claims, claims, and collection order are concurrent with those indicated in the following table, pursuant to Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, and Article 248(1) of the Civil Execution Act.
The date of the decision and service of the creditor's details of the claim amount to F, G claim attachment and collection order (Cheongju District Court 2016TTTTTT 5752), 76,50,180, August 23, 2016, the date of the decision and service of the creditor's claim amount to F. The defendant LAC's claim provisional attachment (Tagu District Court 2016TTT 2016TT 5752) (Tagu 3888), 125,434,782, August 24, 2016, the defendant D assignment of claims on August 24, 2016, on August 25, 2016, the date of the notification of the transfer.
The Plaintiff and G Co., Ltd. (hereinafter “G”) agreed to divide the amount of the instant deposit in proportion to the amount of their respective seizure or acquisition, and to divide the Plaintiff KRW 423,629,613, and KRW 58,923,167, respectively.
[Ground of recognition] B and C (hereinafter “C”) between the Plaintiff and the remaining Defendants: Each deemed confession (Article 150(3) of the Civil Procedure Act) and the Plaintiff: Defendant B’s assertion of the purport of the entire pleadings against the Plaintiff, as to the assignment of claims against the Plaintiff.