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(영문) 광주지방법원 2017.11.03 2017가단502823
채권양도통지 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 2015, a new comprehensive construction company (hereinafter “new construction company”) received “E elementary school multi-purpose classroom extension work” from Jeonnam-do (hereinafter “instant construction work”) by setting the construction period as KRW 1,185,91,160 from June 12, 2015 to November 16, 2015.

B. Defendant C received a seizure and collection order (hereinafter “instant collection order”) with respect to the claim for construction cost of this case as the Gwangju District Court 2015TT, by designating the amount claimed on August 6, 2015 as KRW 66,858,79, the debtor's new case, and the garnishee as Jeonnam-do. The original copy of the instant collection order was served to Jeonnam-do, the garnishee-do on August 7, 2015.

(B) No. 1-3,5). Meanwhile, Defendant C applied for the cancellation of execution on September 2, 2015 with respect to the instant collection order, and the notice of cancellation of execution was served on September 10, 2015 on the third obligor, Jeonnam-do, the garnishee, on September 7, 2015.

C. On September 4, 2015, the Plaintiff received a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to the claim amounting to KRW 600,000,000, the debtor's new case, the third debtor's new case, and the assignment order with respect to the instant claim for construction price (hereinafter referred to as “instant assignment order”). On September 7, 2015, the original copy of the instant assignment order was served to Jeonnam-do, the garnishee, the garnishee.

(Evidence A 1, 2) d.

The instant construction was completed on December 18, 2015, and Jeonnam-do deposited the deposited amount of KRW 423,381,910 of the instant construction proceeds by mixing the deposit amount of KRW 423,381,910 with the Gwangju District Court Decision 2016, 2016, on the ground that the deposit account was “one new case, Hangang-do Co., Ltd., Sejong-do, Sejong-do Co., Ltd., Sejong-do, Sejong-do, and the fact of the deposit account was “any legal doubt as to the validity between several provisional attachment and collection orders, assignment order, and direct payment claims for the instant construction price claim.”

(B) No. 1-e.

Plaintiff on May 17, 2016, the distribution procedure of the Gwangju District Court was set on the date of distribution.

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