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(영문) 부산지방법원 2018.02.21 2016가합47938
배당이의
Text

1. Of the instant lawsuit, the part pertaining to extreme machinery, G, and H Co., Ltd. and the Plaintiff (Appointed Party) are excluded.

Reasons

1. Basic facts

A. The Intervenor joining the Defendant Company (Appointeds; hereinafter “Assistants”) and the Intervenor’s Appointeds are serving in the Defendant Company.

On April 17, 2015, the Korea Labor Welfare Corporation received part of the overdue wages and retirement allowances from the Korea Labor Welfare Corporation, as prescribed by the Wage Claim Guarantee Act, and has a total of 74,58,983 wages and retirement allowance claims against the defendant company.

B. Meanwhile, the Defendant Company held a claim for sales amounting to KRW 516,505,770 (hereinafter “instant sales claim”) against call doping Co., Ltd. (hereinafter “ call doping”). However, on October 28, 2014, the Defendant Company transferred the instant claim to Defendant C and E within the scope of KRW 800 million (hereinafter “instant assignment of claim”), and the instant notification on the said transfer reached call doping following that date.

On October 20, 2014, the creditor's claim amount, such as provisional seizure of the date of service, etc., including the Busan District Court 2014Kahap1348, the provisional seizure of the claim amounting to KRW D 130,000,000 won (sale price) on November 12, 2014, Busan District Court 2014, Busan District Court 2014Kadan8549, the provisional seizure of the claim amounting to KRW 1,00,000,000,000,000,000 KRW 1,000,000,000,000,000,000,000,000 KRW 50,000,000 on November 24, 2014, Busan District Court 2014, KRW 305,05,000,000,00333334,038,014.

C. Meanwhile, regarding the instant sales claim, provisional attachment, seizure, and collection order was issued upon the motion of the creditors against the Defendant Company as stated below.

Therefore, call doping is above the above provisional seizure, etc.

In February 25, 2015, Busan District Court No. 1945 decided Feb. 25, 2015 on the ground that the assignment of claims, such as the statement of claim, competes with each other.

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