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(영문) 수원지방법원 2015.05.15 2014가합70354
배당이의
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 22, 2009, Diplomatic Co., Ltd. (hereinafter “Diplomatic”) transferred a fee claim under AK Development Project Sales Agency contract for CK Development Project Co., Ltd. (hereinafter “C Exchange”) (hereinafter “C Exchange”) with the securities of the future Escams Co., Ltd. (hereinafter “Scams”) as collateral. On June 30, 201, when the debt against Dram’s future deposit was fully repaid, the said debt was re-transfered from the future Cscam on September 29, 2011.

B. The Plaintiffs, as creditors of DNA, were served on August 3, 2011 and August 5, 2011, and were confirmed after being served on the Samwon District Court 2011TAK Development Project on or around August 3, 2011, and the return (transfer) of future deposits to DNA, the debtor, and were subject to the attachment and assignment order of claims for fees under the AK Development Project sales contract with DNA, the third debtor, and the amount of claims, etc. are as shown in attached Table 3.

C. On September 13, 2010, Defendant Hojacom Co., Ltd. (hereinafter “Defendant Hojacom”) received an order for provisional seizure of claims against the instant sales agency claim, which was held by the obligor, as Seoul Central District Court 2010Kadan5232, with respect to the instant sales agency claim against Samhung, the garnishee, and the said order was served on Samhung on October 5, 2010, and again, around September 2, 2011, the said order was served on Samhung (2011TT34555) with the same court’s order for provisional seizure and collection, which was issued on September 8, 2011.

On December 30, 2010, Defendant I received an order for provisional seizure of the instant claim for the sales agency fee and the instant claim for the sales agency fee and the instant claim for the third debtor against Samsung, a debtor, as Seoul Central District Court 2010Kadan7405, and the said order was served on 3rd exchange on January 5, 201, and again, the provisional seizure was made on October 21, 201 at the same court as the above court 201 Ta41285.

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