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(영문) 서울고등법원 2015.12.03 2015나2031818
공탁금출급청구권 확인
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the part concerning “1. Basic Facts” among the reasons for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the first instance court 3th 1 to 2th 3th 1st am “Defendant Ornbland” (hereinafter “Defendant Ornbland”) is respectively deemed to be “Oshnbland, 3th 6th am, 10-11th am, 15th am, 21th am, 21th am, 6th am, 8th am, 11th am, 18th am, and 1st am “the Defendant Ornbland” as “Oshland.”

The following shall be added in front of "the basis for recognition of the five pages of the first instance judgment":

F. Meanwhile, on May 28, 2015, Annbland was declared bankrupt by the Seoul Central District Court No. 2014Hahap190 on May 28, 2015, and its bankruptcy trustee B (hereinafter “Defendant bankruptcy trustee”).

A. The appointment was made.

" 5 pages 1 to 5 of the first instance judgment" are as follows.

"In the absence of any dispute, Gap evidence 1 to 12, including evidence Nos. 17, Eul evidence Nos. 1 and 2, the purport of the whole pleadings"

2. The assertion and judgment

A. The Plaintiff’s assertion 1) received the claim of KRW 504,50,00 among the instant monetary claims according to the instant assignment of claims. Prior to the instant assignment of claims is only the provisional seizure against Defendant C&S assets management. Therefore, the instant assignment of claims is valid within the scope of KRW 274,654,564 (=825,41,499), which is the remainder obtained by subtracting the claim amount of KRW 550,756,935 from the claim amount of the instant monetary claim as of October 24, 2014, which was based on the combination deposit of the instant deposit money by Dong C&S set aside by Dongsan Golf L&S set up on October 24, 2014. Therefore, the instant assignment of claims is valid without any restriction to the Defendants, as to the Defendants, within the scope of KRW 825,511,756,935, which is the remainder of the claim amount of the instant provisional seizure against the instant claim.

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