(영문) 의정부지방법원 2009. 6. 30.자 2009라141 결정[채권압류및전부명령][미간행]
Creditors Corporation
The debtor
Third Obligor 1 and 3
Suwon District Court Order 2009 Taz. 2320 dated April 7, 2009
The appeal of this case is dismissed.
1. Purport of request;
A claim indicated in the separate sheet against the garnishee shall be seized by the debtor. The garnishee shall not pay the above claim to the debtor. The debtor shall not dispose of and receive the above claim. The debtor shall not dispose of and receive the above claim. The above seized claim shall be discharged to the creditor in lieu of payment.
2. Purport of appeal;
The decision of the first instance shall be revoked. The creditor's application for attachment and assignment order shall be dismissed.
1. Summary of grounds for appeal;
The debtor filed an application for individual rehabilitation and received the decision to commence individual rehabilitation in the Jung-gu District Court, and the assignment order does not take effect if the repayment plan is authorized by the above court in the future. Therefore, the first instance court's decision that approved the seizure and the whole order of this case (Ji Government District Court 2009Tyang Branch 2320), which approved the attachment and the whole order of this case, claims that the assignment order should be revoked illegally.
2. Determination:
In light of the records, the debtor filed an application for individual rehabilitation on March 6, 2009 for the debtor's individual rehabilitation on March 6, 2009 and on March 30, 2009, there is no evidence to acknowledge that the above court has received a decision to authorize the repayment plan. Rather, upon submitting a withdrawal of the application for individual rehabilitation on May 22, 2009, the above court rendered a decision to discontinue the individual rehabilitation procedure on the ground that it is evident that the debtor is unable to implement the repayment plan approved on May 22, 2009, and that the above decision to discontinue the individual rehabilitation procedure became final and conclusive around that time.
Therefore, as long as the debtor did not obtain a decision to authorize the repayment plan, there is no influence on the validity of the attachment and assignment order of this case, and there is no other circumstance to cancel the attachment and assignment order of this case.
3. Conclusion
Thus, the debtor's appeal shall be dismissed as it is without merit.
[Attachment List]
Judges red motors (Presiding Judge)