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(영문) 수원지방법원 2016.09.01 2016가단512336
공탁금출급청구권확인 판결
Text

1. On March 17, 2016, Floco Co., Ltd. deposited 37,730,000 won in gold No. 2081 at this Court on March 17, 2016

Reasons

Attached Form

Facts in the cause of the claim shall not be disputed between the parties, or may be recognized by comprehensively taking into account each entry in Gap 1 through 7 and the purport of all pleadings.

If a debtor satisfies the requirements for setting up against the transfer of claims by a notification, etc. with a fixed date after transferring the claims subject to attachment or provisional attachment, even if another creditor of the debtor seizes or provisional attachment of the transferred claims, the claims subject to attachment or provisional attachment do not have any effect as the seizure or provisional attachment because they do not have any existing claims at the time of the attachment or provisional attachment, and accordingly, other creditors shall not participate in

(see, e.g., Supreme Court Decisions 2003Da22561, Sept. 3, 2004; 2010Da57213, Oct. 28, 2010). Therefore, the right to claim payment of deposit money of KRW 37,730,000, supra, is against the Plaintiff, and the Plaintiff has a benefit to seek confirmation thereof.

The plaintiff's claims against the defendants are accepted in entirety.

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