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(영문) 서울중앙지방법원 2016.12.16 2016나45938

전부금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 23, 2014, the Plaintiff, based on the authentic copy of the promissory note No. 27553, 201, No. 27553, issued an assignment order of claim attachment and assignment order (hereinafter “the assignment order of this case”) with the Chuncheon District Court’s Young-si Branch 2014TTTTB 201,1268, with respect to the amount of KRW 7,198,317 out of the wage claims against the Defendant of the Defendant.

The instant assignment order was served on the Defendant, a garnishee, on July 28, 2014.

B. On July 30, 2014, A filed an application for commencing individual rehabilitation procedures with the Seoul Central District Court 2014da151499, and the said court rendered a comprehensive prohibition order on August 5, 2014, and the said order was served on A on August 12, 2014.

On November 26, 2015, the above court decided to commence individual rehabilitation procedures, and decided to authorize repayment plans on March 14, 2016.

C. Meanwhile, on September 18, 2014, the instant assignment order was served on A, a debtor, and A did not raise an objection thereto within one week.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the assignment order of this case became final and conclusive as a result, and that the defendant is obligated to pay the entire amount of the payment to the plaintiff, since he received the entire payment claim against the defendant through the assignment order of this case.

On the other hand, the defendant asserts that the assignment order of this case cannot take effect due to the general prohibition order, individual rehabilitation decision, and rehabilitation plan approval order, and that the plaintiff's claim is groundless.

B. If the attachment and assignment order of the monetary claim 1 related to the judgment is lawfully issued in the execution procedure, and is legally served on the debtor and the garnishee, and the period of an immediate appeal has expired for one week, or the immediate appeal has been filed, and the rejection or dismissal order has become final and conclusive.