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(영문) 서울중앙지방법원 2018.06.08 2017나83234
전부금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On July 23, 2014, the Plaintiff was issued an assignment order on KRW 7,198,317 out of the claims, such as wages, etc. that A would receive from the Defendant based on the authentic copy of the promissory note No. 27553 of the Han River, 201, No. 27553 of the 201-No. 201-No. 1268 of the Chuncheon District Court’s Young-gu Branch Office (hereinafter “instant assignment order”).

On July 28, 2014, the above assignment order was served on the Defendant, who is the garnishee, and on September 18, 2014, on September 26, 2014, respectively, to A, and became final and conclusive.

B. On July 30, 2014, A filed an application for suspension and injunction on July 30, 2014 with the Seoul Central District Court 2014da151499.

On August 5, 2014, by applying Article 593(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “The Debtor Rehabilitation Act”) in the above individual rehabilitation procedure, the above court ordered the suspension order against A to the effect that “it shall suspend the procedure of seizure and assignment order of claims against A until a decision is made with respect to A’s application for renewal of the individual rehabilitation procedure with respect to the individual rehabilitation case of 2014da 151499, the 2014 Doz. 151499, the Chuncheon District Court (hereinafter “instant suspension order”) and that “A shall suspend the procedure of seizure and assignment order of claims against A” (hereinafter “instant suspension order”) and “A’s application for commencement of the individual rehabilitation procedure with respect to the above individual rehabilitation case, until a decision is made on the individual rehabilitation procedure against the corporeal movables owned by the debtor and the debtor’s monthly payment of wages, allowances, bonuses, and other nominal wages and retirement allowances, and ② prohibition order (excluding any act of demanding repayment or reimbursement of individual rehabilitation claims (hereinafter “the instant prohibition order”).

The above decisions were delivered to the Plaintiff and A on August 12, 2014.

C. The above court decided to commence individual rehabilitation proceedings on November 26, 2015.

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