beta
(영문) 수원지방법원 2020.02.12 2018나89763

전부금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except as follows.

2. Each “order of Collection” of the fifth and tenth Forms in the judgment of the court of first instance shall be issued in the form of each “order of Assignment”.

The 5th to 20th of the first instance judgment shall be followed by the following:

As to this case, the Plaintiff asserts to the effect that there exists KRW 169,492,018 against the Defendant of the non-party company’s non-party company’s claim for the purchase of goods on December 1, 2016. The attachment of the claim is prohibited against the debtor’s payment to the non-party company. As such, the extinction or reduction of the claim cannot be asserted against the creditor. However, the debtor’s disposal of the claim is not binding on the debtor’s legal relationship, which is the cause of the claim. However, the third debtor may oppose the execution creditor on the ground that the contractual relationship is terminated only for the purpose of extinguishing the claim without any reasonable ground (see Supreme Court Decision 98Da17930, Jun. 1, 201; Supreme Court Decision 98Da17930, Dec. 16, 2016; Supreme Court Decision 201Da1797167, Dec. 16, 2016).