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(영문) 서울중앙지방법원 2015.12.08 2014가단152039
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff applied for the attachment and assignment order of the payment order in the case of loans, etc. of the Seoul Central District Court Decision 2009Da122884 against the loaned Steel Co., Ltd. as the title of execution with the claim amounting to 3,00,000,000,000 and the third debtor as the title of execution, and applied for the attachment and assignment order of the claim under the Seoul Southern District Court Decision 2014TY7165, Apr. 22, 2014 against the defendant who transferred the loaned Steel Co., Ltd. to the loaned Steel Co., Ltd. on April 23, 2004. The above attachment and assignment order became final and conclusive around that time.

Therefore, the defendant is obligated to pay to the plaintiff 100,000,000 won and damages for delay.

2. In a lawsuit for full payment, the existence of the entire claim is a requisite fact and the burden of proof is assessed against the plaintiff. However, as a result of Gap's statement Nos. 1 and 2 and the order of submission to the chief of the Seocho Tax Office of this Court against the defendant of the loaned Steel Co., Ltd., the entire claim of this case, is insufficient to recognize the existence of the claim for construction price against the defendant of the loaned Steel Co., Ltd., the entire claim

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