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(영문) 서울남부지방법원 2017.06.13 2016가단231390
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, as a creditor of the Ghana Co., Ltd., the claim amounting to KRW 85,019,695 as the claim amounting to KRW 2013Kadan7000, the lower court attached the claim amounting to the Ghana Co., Ltd. (hereinafter “the instant provisional attachment order”), and the instant provisional attachment order was served on the Bomode Co., Ltd. on August 6, 2013.

B. On May 17, 2016, the Plaintiff was issued an assignment order and assignment order (hereinafter “instant assignment order”) to transfer provisional seizure of KRW 85,019,695 to the instant seizure, which is the debtor as the owner of the debtor, the garnishee as the Young Engineering Co., Ltd. (hereinafter referred to as “EM”) and the provisional seizure of KRW 85,019,695 as the claim amount, from this court’s instant court’s order under this Court’s control.

C. The instant assignment order was served on the Young Engineering Co., Ltd. on May 19, 2016, and was finalized on July 5, 2016.

After February 25, 2016, Young Engineering Co., Ltd. was changed to the defendant.

On the other hand, on September 22, 2014, the Plaintiff was declared bankrupt by Seoul Central District Court 2014Hahap131.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. In regard to the plaintiff's assertion that the defendant sought payment of KRW 89,019,695 and damages for delay against the defendant in full, the defendant asserts that the assignment order of this case has no obligation to respond to the plaintiff's claim of this case since it becomes void due to the declaration of bankruptcy against the corporation A, which was issued before the assignment order was served on the defendant.

B. The judgment bankruptcy procedure is a comprehensive compulsory execution procedure for all bankruptcy creditors, and the debtor loses the right to manage and dispose of the property that constitutes the bankruptcy estate by declaration of bankruptcy, and the right to manage and dispose of the property is exclusive to the bankruptcy trustee.

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