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(영문) 서울중앙지방법원 2020.10.22 2020나4170
전부금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant was supplied with books by C (hereinafter “C”) in operating the book distribution business, etc.

B. On July 1, 2014, C issued to the Plaintiff a promissory note with a face value of KRW 290,000,000 and issued to the Plaintiff a notarial deed recognizing that a compulsory execution shall be conducted immediately (No. 759, 2014).

C. On July 6, 2018, the Plaintiff was issued an assignment order on the claim for the payment of goods against the Defendant (hereinafter “Plaintiff’s assignment order”) with the obligor C, the garnishee, the Defendant, the claim amount of KRW 1,200,000,000, Suwon District Court, Sungwon District Court Branch, Sungwon-nam 2018T66, and the Plaintiff’s assignment order was served on the Defendant on July 11, 2018, and was finalized on December 11, 2018.

On the other hand, as of December 23, 2015, C’s claim for the price of goods against the Defendant is KRW 1,347,600.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the issue

A. According to the facts found in the instant case’s key issue, since the Plaintiff’s assignment order was lawfully issued and confirmed, the existence and scope of the Plaintiff’s assignment order against C is the key issue of the instant case, based on the time the assignment order is served on the Defendant.

B. The Defendant’s assertion 1) The Plaintiff’s claim 1) KRW 290,00,000 against C is a false bond and a promissory note with a face value of KRW 290,00,000 issued by C on July 1, 2014 is issued falsely. Thus, the Plaintiff’s assignment order based on an invalid enforcement bond is also null and void.

B) C’s KRW 1,200,000, out of the claim for the purchase price of goods as of December 23, 2015, is a stock company E (hereinafter “E”).

The books equivalent to KRW 1,730,400 were transferred to E according to the assignment order of E, and the books amounting to KRW 1,730,400 shall be returned to C from December 23, 2015 until the Plaintiff’s assignment order reaches C, and the deposit money shall be deducted.

Each of the above.

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