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1. The plaintiff's receiver B of the dried Steel Co., Ltd., the plaintiff's dried Steel Co., Ltd.
Reasons
1. Basic facts
A. The Japanese Steel Co., Ltd. (hereinafter “Seoul Steel”) supplied goods to the Plaintiff. The unpaid amount of goods remains 61,167,942 won (hereinafter “instant goods purchase claim”).
B. On November 30, 2012, the Japanese Steel transferred the instant claim for the purchase price of the goods to CNethyl Co., Ltd. (hereinafter “CNethyl”), notified the Plaintiff of the assignment with a fixed date as of December 3, 2012, and on December 4, 2012, the said notification was delivered to the Plaintiff.
C. As to each of the instant goods payment claims, U.S. Steel Co., Ltd. (hereinafter “U.S. Steel”), Defendant Construction Steel Co., Ltd. (hereinafter “Defendant Construction Steel”) received a claim attachment and collection order (this Court No. 2012 Other 7321, 2012 Other 7601), and the above claim attachment and collection order reached the Plaintiff on December 26, 2012, respectively.
Defendant Hask Co., Ltd. (hereinafter “Defendant Hask”) received a decision of provisional seizure (this Court 2013Kadan57) against the instant claim for the payment of goods. The said decision reached the Plaintiff on January 23, 2013.
E. Based on Article 248(1) of the Civil Execution Act, the Plaintiff deposited KRW 61,167,942 at this court as KRW 814, based on the following grounds: (a) on April 18, 2013, on the ground that there were several seizures, collection orders, provisional seizures, etc. as to the instant goods payment claim.
F. According to a payment consignment agreement made in relation to the distribution procedure of the above deposit (this Court C), the payment consignment agreement states CNethyl ethyl 23,680,722 won on Jan. 24, 2014, as well as U.S. Steel 26 Jun. 26, 2013, as KRW 24,527,274 won on June 26, 2013, and Defendant Driyang Steel 10,716,306 won on June 26, 2013, while Defendant Haws stated KRW 2,291,794 in the case of Defendant Haws.
G. On March 23, 2015, Defendant Yangyang Steel’s decision to commence the rehabilitation procedure is rendered as Suwon District Court 2015 Gohap6, in which the instant lawsuit is pending.