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(영문) 대구고등법원 2015.07.22 2014나3505

전부금

Text

1. All appeals by the Plaintiff (Appointed Party) and the claims added in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment of the court of first instance between 5, 17 and 18 of the judgment of the court of first instance as to the plaintiffs' preliminary or selective claims, and therefore, the reasoning of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of

2. Determination on the grounds of preliminary or selective claims

A. The Plaintiffs asserted that the instant claim was issued with regard to the instant claim for the refund of investment amount, separate from the instant attachment and assignment order, ① Cheongju District Court 2014Tan District Court 2014Tju District Court 15 January 15, 2014; ② Cheongju District Court 2014TanTTTTT 513, January 17, 2014; ③ Cheongju District Court 2014TTTT 2034, March 10, 2014 (hereinafter “instant subsequent assignment order”); and the subsequent assignment order was issued with respect to each of the instant subsequent assignment orders to the Defendant, the garnishee.

Therefore, the defendant is obligated to pay the whole amount based on the assignment order of each of the following orders to the plaintiffs.

B. Determination 1) Article 229(3) of the Civil Execution Act provides that "where an assignment order has been issued, a claim seized shall be transferred to an execution creditor in lieu of payment," and Article 229(7) of the same Act provides that "an assignment order shall have the effect to be confirmed," and the main text of Article 231 of the same Act provides that "where an assignment order is finalized, the obligor shall be deemed to have discharged his/her obligation upon the delivery of the assignment order to the third obligor." Thus, in order for the execution obligee to claim against the third obligor the entire amount based on the assignment order, the assignment order shall become final and conclusive. 2) In full view of the overall purport of pleadings in each entry in the evidence No. 11, No. 11, No. 4, No. 5, and No. 6 (including various numbers), each subsequent assignment order in this case shall be between January 15, 2014 and March 10, 2014.