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Reasons
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(영문) 서울북부지방법원 2015.04.23 2014가합5467
공탁금출급청구권확인
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiffs: (a) received a provisional attachment order against the Defendant of the Plaintiff Co., Ltd. with the Defendant’s claim of KRW 141,82,650, and KRW 30,000,000 against the Defendant of the Plaintiff Co., Ltd.; (b) received a provisional attachment order against the Defendant’s claim of KRW 118,400,000 against the Defendant of the Plaintiff Co., Ltd. (hereinafter “instant lease deposit claim”); (c) the Seoul Central District Court Decision 2013Kadan4270; hereinafter “the instant provisional attachment order”); and (d) the instant provisional attachment order was served to D on December 10, 2013.

B. On March 20, 2014, the Plaintiff Company A filed a lawsuit seeking interest on the loan, and the Plaintiff B filed a judgment against the Defendant that “the Defendant shall pay KRW 141,882,650 to the Plaintiff Company A, KRW 30,000,000 to the Plaintiff Company, and KRW 30,000,000 to the Plaintiff Company B,” and the said judgment became final and conclusive on April 15, 2014.

(Seoul Central District Court 2013Gahap84938, hereinafter referred to as "the final judgment of this case"). (C)

D) On May 9, 2014, Seoul Northern District Court Decision 2014No. 2448 (hereinafter “Seoul Northern District Court Decision 2014, the Defendant bears the obligation to refund the lease deposit amount of KRW 134,218,00 to the Defendant. On November 14, 2013, the Defendant was notified of the establishment of a pledge on the claim to return the lease deposit of this case. On December 10, 2013, the Defendant was served with the provisional attachment decision of this case on December 10, 2013. On March 25, 2014, the Defendant was notified of the fact that the Defendant filed a lawsuit to confirm the existence of the obligation, so the “the creditor of the right to return the lease deposit of this case could not be known, and the existence of concurrent seizure of the right to claim for the lease deposit of this case could be deposited in the Defendant or the NAF Capital Co., Ltd., Ltd. with the deposited deposit amount of KRW 134,2180,000 won.

(hereinafter referred to as “instant deposit”). 【The ground for recognition” has no dispute, A, Nos. 1, 2, and 4.

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