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(영문) 부산고등법원 2015.09.03 2014나51022
전부금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff, such as the status of the parties, is a creditor of C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D.”). A creditor of C and D Co., Ltd. (hereinafter “C.”), who was fully seized the claims for the payment of goods against the Defendant, and C and D are a company that produced and supplied the Defendant with an inner interior interior interior interior interior interior interior interior artificial teglbcin, etc., and D is a company that supplied the Defendant with the window set, etc., which is a part inside the ship.

B. On August 22, 2012, the Plaintiff was issued an attachment and assignment order related to C (hereinafter “the first assignment order”) with respect to C’s claim amount of KRW 298,00,000 among the total claim amount of KRW 740,000,000,00 with Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of Changwon Branch Branch Branch Office of KRW 298,000,00. The first assignment order was served on C’s claim amount of KRW 20,000 (the first assignment order was served on the Defendant’s claim amount of KRW 30,00,00,00,000, and the first assignment order was served on the Defendant’s claim amount of KRW 201,000,000,000 for the entire claim amount of KRW 20,300,000,000 for the above claim amount (the second assignment order).

C. On August 31, 2012, the Plaintiff partially received KRW 43,302,200 from the Defendant as part of the entire amount relating to the assignment order of the first assignment order.

[Ground of Recognition] Facts without dispute, Gap evidence No. 1 to 5, and Eul No. 1.

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