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The payment order of the Plaintiff (Counterclaim Defendant) was issued before the Seoul Central District Court 2019 was 2385.
Reasons
1. Determination on the main claim
A. (1) On February 27, 2019, Plaintiff A applied for a payment order against Plaintiff A seeking payment of unpaid benefits and retirement allowances from the Seoul Central District Court Decision 2019Hu2385, Feb. 27, 2019. Upon receipt of an order from the above court to Plaintiff A to pay damages for delay at the rate of 15% per annum from the day after the original copy of the payment order was served to Plaintiff A, and the above payment order was served to E on March 5, 2019 and finalized on February 20, 2019.
(2) Plaintiff B and C filed an application with Plaintiff B and C for a payment order seeking payment of the unpaid amount of goods with the Seoul Central District Court 2019 B and 163692 around February 2019.
8. From the above court, E received a payment order from Plaintiff B to the effect that: (a) KRW 61,071,191; and (b) KRW 2,157,483; and (c) KRW 15% per annum from the day following the delivery of the original copy of the payment order to Plaintiff C; and (b) the said payment order was served to E on March 18, 2019; and (c) was finalized on April 2, 2019.
(3) On January 23, 2019, E transferred KRW 512,294,200 to the Defendant (hereinafter “transfer of the instant claim”), and the transfer was sent to F by certified mail on February 1, 2019, and the certification of the content reached F around that time.
(4) On May 8, 2019, F deposited KRW 163,654,652 as Seoul Central District Court No. 11833, May 8, 2019, on the ground that a number of seizures and assignments of claims for the construction payment obligation to E are concurrent and the genuine creditors cannot be known.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
B. (1) The assignment of the claim by the Plaintiffs to the Defendant by the Plaintiffs’ assertion constitutes an act detrimental to the general creditors, including the Plaintiff, in the absence of E, and thus, should be revoked.
(ii).