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(영문) 서울중앙지방법원 2015.04.21 2014가단5061077
공탁금출급청구권 확인의 소
Text

1. D Of the deposited money deposited by the Seoul Central District Court No. 8772 on May 8, 2012, 35,986,237 won.

Reasons

1. There is no dispute between the Plaintiff, Defendant A, and New Card Co., Ltd. on the grounds of claim and the changed grounds of claim.

(i) Under the premise that Defendant A and the New Card Co., Ltd. initially sought confirmation of the claim for payment of deposit of the total amount of the deposit of this case and the amount of the deposit of this case (=75,878,862 won deposited by this Court No. 8772) out of the deposit of this case (=75,018,00 won) under the premise that they did not hold the claim for payment of the deposit of this case (i.e., the amount of the claim for payment of deposit of this case) from the deposit of this case, the Plaintiff sought confirmation of the claim for payment of deposit of the deposit of this case. However, the above Defendants asserted the Plaintiff’s claim, while disputing the Plaintiff’s claim, proved their respective claim for payment of deposit of this case against Defendant D (Defendant A:71,419,000 won, and Defendant New Card Co., Ltd.: 11,742,373 won): the amount of the claim divided in proportion to the amount of each judgment of the Plaintiff and the said Defendants (=35,986,237 won).

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Defendant C

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Grounds: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

4. The plaintiff's claim against the defendants is with merit. It is so decided as per Disposition by the assent of all.

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