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(영문) 서울중앙지방법원 2017.05.16 2016가단5093313

손해배상(국)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) Upon filing an application for an order for payment (Seoul Southern District Court 2014 tea22392) with the Plaintiff’s claim attachment and assignment, the Plaintiff was ordered to pay 31,950,000 won to the Plaintiff and 5% interest per annum from November 1, 2014 to December 11, 2014, and 20% interest per annum from the next day to the date of full payment.

(2) On January 13, 2015, the Plaintiff, as the executive title of the above payment order, filed an application for the seizure of the claim and the entire order with respect to the “32,982,864 won out of the claim for construction price (hereinafter “instant claim for construction price”) currently and future payment from a third party obligor, by having the Plaintiff as the creditor, master construction of master luxle, debtor, and Korea Land and Housing Corporation as the third party obligor under a contract with the Korea Land and Housing Corporation for construction work (hereinafter “instant construction work”).

Purport of application

1. A claim in the separate sheet against a garnishee shall be seized;

2. The garnishee shall not pay for the above claims to the debtor; and

3. The debtor cannot dispose of and receive the above claim.

4. The claims seized above shall be entirely assigned to the creditor in lieu of payment.

(3) However, the judicial custody unit, who is a public official of the Incheon District Court in charge of the foregoing filing case, issued an assignment order and assignment order (hereinafter “instant assignment order”) with the claim amounting to KRW 32,982,864, and the attachment and assignment order with the claim amounting to the construction cost claim of this case as indicated below, and the said order was served on the Korea Land and Housing Corporation, a garnishee, on January 20, 2015, and finalized on February 17, 2015.

In this case.