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1. Samsung C&T Co., Ltd deposited money with the Incheon District Court Deposit No. 11420 on December 1, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff had a claim for the price of goods against Defendant B Co., Ltd. (hereinafter “Defendant B”).
B. On September 20, 2016, Defendant B transferred KRW 173,711,000 to the Plaintiff the claim for the construction cost, which was possessed by Samsung C&T (hereinafter “T”) on September 20, 2016, to the Plaintiff. The notification of the assignment of the claim by content-certified mail was given, and the notification was sent to Samsung C&T on September 21, 2016.
C. Since then, the notice of the assignment of claims by the Defendants, the creditors of B, reached Samsung C&T as follows.
(1) Defendant D (E)’s transfer amount of KRW 223,080, KRW 148,54,892 on September 28, 2016 at the arrival of the notice of transfer, Defendant D’s transfer amount of KRW 148,54,892, and KRW 412,50,00 on October 5, 2016 at the arrival of the notice of transfer, and KRW 5,00 on October 5, 2016 at the arrival of the notice of transfer.
Samsung C&T deposited KRW 173,711,000 as 11420 in Incheon District Court in December 2016, 2016, on the grounds that multiple transfers of claims and provisional seizure of claims, seizure of claims, and collection order were concurrent, with the application of the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act.
(hereinafter referred to as “instant deposit”). E.
The Plaintiff filed an application with the Daejeon District Court No. 2016 tea6406 for a payment order for the purchase of goods with Defendant B as the Defendant. On September 19, 2016, the Plaintiff received an order to pay the Plaintiff KRW 173,711,626 and delayed payment damages. The payment order was finalized on October 7, 2016.
F. On March 16, 2017, the Plaintiff transferred the right to claim the payment of the instant deposit to the Intervenor succeeding to the Plaintiff. On the same day, the Plaintiff notified the Republic of Korea (a public official in charge of deposit in the Incheon District Court) of the assignment.
[Reasons for Recognition] Facts without dispute between some parties, entry of Gap 1 to 4, purport of the whole pleadings
2. According to the above facts of determination, Defendant B on September 20, 2016.