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(영문) 대구지방법원서부지원 2015.11.26 2015가단766

배당이의

Text

1. The limit of KRW 45,297,560 under a sales bond transfer contract concluded on July 4, 2014 between the defendant and the Postal Telecommunications Co., Ltd.

Reasons

1. Basic facts

A. On April 2014, the Plaintiff, a company whose purpose is steel wholesale and retail business, etc., supplied an amount equivalent to KRW 45,297,560 to the Postal Tech Co., Ltd. (hereinafter “Postal Tech”), which runs materials and equipment trade business, etc., to the Postal Tech Co., Ltd. (hereinafter “Postal Tech”), thereby holding a claim for the price of goods (hereinafter “instant commodity price claim”).

On October 1, 2014, the Plaintiff received a provisional attachment order of KRW 45,297,560 against the Defendant’s goods payment in the amount of KRW 45,297,560 against the Defendant’s goods payment in the amount of KRW 201,00 from the Daegu District Court Branch Branch of 2014Kadan10366 based on the instant goods payment claim, which was served on the third party obligor B around that time. On November 24, 2014, the Plaintiff again received a payment order of KRW 45,297,560 from the Suwon District Court, which issued a payment order of KRW 201,297,560, and delayed payment damages against the Postal Tek as the payment order of KRW 45,18,182 of the same year.

B. On July 4, 2014, the Postal Testing Co., Ltd. entered into a contract with the Defendant for the assignment of claims equivalent to KRW 61,653,088 (hereinafter “instant assignment of claims”) out of the amount of claims for goods against Postal Telecommunications Co. (C) (hereinafter “instant transfer of claims”), and notified the fact of the said transfer of claims to B around November 11, 201.

On the other hand, on September 30, 2014, the Changjin Logistics Co., Ltd. (hereinafter “ Changjin Logistics”) transferred the provisional seizure of the amount equivalent to KRW 100,000,00 to the provisional seizure and collection order, which is the provisional seizure of the amount equivalent to KRW 50,00,00,000, by taking the debtor, B, etc. as the garnishee and the third debtor, the Daegu District Court rendered a provisional seizure of the amount equivalent to KRW 20,000 as the goods price claim of KRW 20,00,000.

B A around October 24, 2014, the Daegu District Court rendered Seo-gu Branch of the District Court No. 2014Hun1817 to the postal class.