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(영문) 수원지방법원안양지원 2019.03.27 2018가단110842
제3자이의
Text

1. The Defendant has an executory power of the payment order (No. 2018) No. 3403 of the Suwon District Court for the Defendant Company C.

Reasons

1. The transferor C (hereinafter “A”) and the Plaintiff representing the transferee’s wage obligee (hereinafter “B”) enter into an agreement on the assignment of claims as follows:

Claims to be transferred under Article 1 are KRW 475,485,890, which occurred from the supply of goods to D Co., Ltd. (hereinafter “D”).

Section 2. A shall notify the garnishee D of the assignment of claims.

Section 3. In the event of a breach of contract by one party, the contracting party shall be liable for all damages of the other party caused by the breach of contract.

Article 4, even if one or several provisions specified in this Agreement or the documents drawn up in relation thereto are null and void, illegal or impossible in accordance with laws and regulations, the effects, legality and possibility of enforcement of the remaining provisions specified in this Agreement shall not be affected thereby.

A. On March 2, 2018, the Plaintiff, the representative of the retired workers, who worked in C (hereinafter “C”) to February 28, 2018, concluded a contract on the assignment of claims (hereinafter “instant assignment of claims”) as follows with C on March 2, 2018.

B. On March 2, 2018, C sent the assignment of claims to D by means of content-certified mail and notified it to D on March 5, 2018.

C. On May 28, 2018, the Defendant filed an application against Suwon District Court for provisional attachment against C with respect to the claim as stated in the attached Table 2 List No. 2018Kadan100873 against C in relation to the goods price claim of KRW 52,117,029 against the goods price claim of KRW 52,00. On May 31, 2018, the said court rendered a ruling accepting the above claim (hereinafter “instant provisional attachment ruling”), and the original copy of the said ruling was served to C on June 5, 2018.

The Defendant filed a request against C for a payment order claiming payment of KRW 122,909,658 of the goods price as the Suwon District Court’s Gyeyang Branch Branch 2018 tea3403, and the above court issued a payment order accepting the above request on May 30, 2018 (hereinafter “instant payment order”).

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