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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party) and the rest of the designated parties (hereinafter collectively referred to as “Plaintiffs”) provided labor under employment of the Hypex Industry Co., Ltd. (hereinafter referred to as “Nonindicted Company”) for the purpose of manufacturing and manufacturing construction materials, etc., and retired all, but did not receive some wages and retirement allowances from the Nonparty Company.
Workers, including the plaintiffs, (hereinafter referred to as the "workers of this case") received a provisional seizure order against the claim against the senior construction company of the non-party company (hereinafter referred to as the "claim of this case") by having the aforementioned unpaid wage and retirement allowance claim as the preserved right. The Suwon District Court rendered a decision of provisional seizure against the claim of this case against the non-party company under the 2009Kadan100777, the Suwon District Court rendered a favorable judgment on June 11, 2009 and the above decision was finalized on July 15, 2009 by filing a lawsuit against the non-party company under the 2009Kahap2052.
B. On July 23, 2009, the instant workers acquired the claim amounting to KRW 283,579,827 against the instant claim held by the non-party company against the Gojin Construction Co., Ltd. with the executory power as the title of execution. The instant workers acquired the seizure and collection order of the claim amounting to KRW 283,579,827 (No. 2009, Anasan Branch District Court No. 2925, No. 2925, hereinafter “No. 1 claims seizure and collection order”), and the first claim seizure and collection order were served on Jjin Construction Co., Ltd., the garnishee on July 27, 2009.
C. The instant workers filed an order of seizure and collection (No. 2009TTT branch court, No. 2009T branch court, No. 5054; hereinafter “the order of seizure and collection”) with the amount claimed as KRW 129,493,183, with the execution title of the said final and conclusive judgment having a new executory power, and acquired it on October 22, 2009. The second claim seizure and collection order was served on the superior Construction Co., Ltd., the garnishee, the debtor of the same month.
Co., Ltd.