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(영문) 전주지방법원남원지원 2016.02.03 2015가단1698
공탁금출급청구권확인
Text

1. The Defendants: (a) deposited by M Cooperatives with the Jeonju District Court Branch No. 351, Oct. 1, 2014; (b) No. 40,869, Oct. 1, 2014.

Reasons

1. Claim against Defendant Samsung-LLC

A. The Plaintiff entered into a cement supply contract with Defendant A on August 21, 2012, and supplied cement to Defendant A according to the said contract. However, the Plaintiff was ordered to pay the cement supply price to Defendant A, upon filing an application for payment order with the Seoul District Court 2014Guj170, and on September 19, 2014, to the effect that “Defendant A shall pay to the Plaintiff KRW 697,828,083, and delay damages therefor,” which became final and conclusive on October 9, 2014. Accordingly, Defendant A Co., Ltd. (hereinafter “Nonindicted Cooperative”) to the Plaintiff on September 12, 2014.

total amount of KRW 70,937,400 for 70,937,400 (the specific content is as indicated in the column for “amount of assignment of claims to the plaintiff” in the attached Table.

(2) On September 22, 2014, the Defendant Samsung Co., Ltd. entered into an agreement on the assignment of claims with the content of transferring a considerable amount of claims, and notified Nonparty Co., Ltd. of the fact of the said assignment of claims to Nonparty Co., Ltd. on the same day. (2) around September 16, 2014, the Defendant Samsung Co., Ltd. received a provisional attachment order on September 22, 2014 regarding “the amount of money from Nonparty Co., Ltd. to KRW 9,942,120 out of the claims to be received from Nonparty Co., Ltd. through tally supplied the construction site to Nonparty Co., Ltd.’s non-Party Co., Ltd.’s funds distributed from Nonparty Co., Ltd. to Nonparty Co., Ltd., to Nonparty Co., Ltd. for the provisional attachment order on September 22, 2014.”

3 The non-party union shall pay debts to Defendant A on the grounds of the assignment of the above assignment of claims, the decision of provisional seizure, etc.

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