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(영문) 서울중앙지방법원 2020.12.02 2019가합557988
공탁금 출급청구권 확인
Text

1. The deposit money deposited by M Co., Ltd. with the Seoul Central District Court No. 11025 on April 30, 2019 as the gold No. 11025 on April 30, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ claim formation (1) (hereinafter “Plaintiff A”) supplied goods to Defendant C Co., Ltd. (hereinafter “Defendant C”) and owned the claim for the purchase of goods amounting to KRW 41,865,395. However, the Defendant C transferred the claim amounting to KRW 41,865,395 out of the claim amounting to KRW 589,089,345 (hereinafter “M”) against Nonparty M Co., Ltd. (hereinafter “M”) on March 12, 2019 for the performance of the Plaintiff’s obligation to the Plaintiff, and notified the Plaintiff of the assignment of the claim amounting to KRW 41,865,395, out of the claim amounting to KRW 589,000 (hereinafter “instant claim”).

(2) The Plaintiff Company B (hereinafter “Plaintiff B”) supplied goods to Defendant C and owned the claim for the amount of KRW 228,383,052 for the purchase of goods. Defendant C transferred the claim amounting to KRW 41,865,395 out of the claim amounting to KRW 589,089,345 against M on March 13, 2019 to Plaintiff A, and notified the transfer of the claim amount with a fixed date on March 14, 2019.

B. On March 14, 2019, on March 15, 2019, Defendant D Co., Ltd. (unit: KRW 158,852,450; KRW 41,856,395, Mar. 15, 2019, Plaintiff B 228,38,052; 650, Mar. 15, 2019, Defendant E58,238,7619, Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd.”) transferred part of the Defendants’ claims to Defendant C Co., Ltd. 65,546,680, Apr. 5, 2019, Defendant C Co., Ltd. (hereinafter “Defendant D Co., Ltd.”) other than Defendant C Co. 41,753,80, Apr. 14, 2019; Defendant C Co., Ltd., Ltd. (hereinafter “Defendant 25, Apr. 24, 2015, 20197

When arranging the details of assignment of claims by Defendant C and the arrival date of notification thereof, the following table shall be as follows:

(2) Meanwhile, Defendant I Co., Ltd., on April 10, 2019, has the creditor, Defendant I Co., Ltd., and Defendant C and the third debtor, M.

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