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(영문) 대전지방법원 2014.12.24 2014가합11
공탁금출급청구권확인
Text

1. On November 27, 2013, Emart Co., Ltd.: 153,830 won out of the 470,460,720 won deposited by the Daejeon District Court No. 6853, Dec. 27, 2013.

Reasons

1. Basic facts

A. The Plaintiff and one Incorporated Company (hereinafter “Agricultural Company”) had a claim for the amount of goods against Accent Food, Accenture Food, Ltd. (hereinafter “Accenture Food”), and Accenture Food, Accenture Food, Ltd. had a claim for the amount of goods against Accenture Food, Ltd. (hereinafter “instant claim”).

B. The Plaintiff received the claim of this case from Accenture Food for satisfaction of the claim for the said claim for price of the goods against Accenture Food, and then sent a notice of assignment of the claim to Accenture Food Co., Ltd. with a certificate with a fixed date (hereinafter “instant notice of assignment of claim”). The above notice of assignment of claim reached Accenture Co., Ltd. on October 28, 2013.

C. One agricultural company received the instant claim from Accenture Food for the repayment of the said claim against Accenture Food, and thereafter, assigned the instant claim to Accenture Food, Inc. with a document with a fixed date (hereinafter “instant notice of assignment of claim”). The said notice of assignment of claim reached Accenture Co., Ltd. on October 28, 2013.

After the notice of assignment of the instant 1 and 2 assignment has been delivered, the notification of assignment of claims or the collection order of claims and original food (hereinafter “Defendant, etc.”) to the Defendant, Korea-Japan Comprehensive Consulting Co., Ltd., Ltd., Sisa, Bolim Unemployment Co., Ltd., A, Namdo Agricultural Co., Ltd., Ltd., and original food (hereinafter “Defendant, etc.”) reached Empt, respectively.

E. On the other hand, on October 29, 2013, an agricultural company transferred its claim KRW 658,487,166, among the instant claims acquired from Accenture Food, to CFE Co., Ltd., and notified EFE of its assignment with a certificate with a fixed date, and on October 30, 2013, the above notification of assignment of claim reached EFE Co., Ltd.

F. Emart Co., Ltd. shall be Emart Co., Ltd. on January 2013.

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