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(영문) 수원지방법원여주지원 2016.01.21 2015가합11105
배당이의
Text

1. The plaintiffs' lawsuit against the defendant C is dismissed.

2. The plaintiffs, defendant corporation, defendant corporation, Dozethyl and luxal raer.

Reasons

1. Basic facts

A. He/she held the claim for construction price of KRW 45,486,301 (hereinafter “the claim for construction price of this case”) against the Yeongdeungpo-gun Agricultural Cooperative Joint Project Corporation of Mine-gun (hereinafter “Yong-gun Rice Corporation”). On September 26, 2012, 150,602,00 for the Plaintiff A, 64,583,800 won for one industry of the Plaintiff, and 131,529,650 won for the Plaintiff B on September 27, 2012, and 15,000,000 won for each contract for the assignment of claims of KRW 45,80,000 for the transfer of the construction price of each of the instant contract (hereinafter “the claim for construction price of this case”), and notified the Plaintiff A of the assignment of claims to F, agricultural and fishery corporations around that time.

B. As to the instant claim for the construction cost of the instant case, it was served on the Young-gun Rice Corporation by issuing a multiple claim, provisional seizure or collection order as well as the Suwon District Court Order 2012 Tadan8705, Defendant C’s Daegu District Court Order 2012Kadan8705, Defendant C’s District Court Order 2012Kadan3937, the provisional seizure order against the claim by Defendant C, the provisional seizure order against the claim by the former District Court 2012Kadan3938, the Suwon District Court Order 2012Kadan3938, the Suwon District Court Order 2012Kadan1942, and the provisional seizure or collection order by Defendant C.

C. On November 16, 2012, U.S. Rice Co., Ltd.: (a) there is dispute as to the validity of each assignment contract of this case in violation of a non-assignment agreement, which constitutes a gold No. 1420 with Suwon District Court Branch Branch in Suwon District Court in 2012; and (b) on the ground that the creditor cannot be identified because of competition with claims, provisional seizure, seizure, and collection order, etc., the contract for the assignment of claims thereafter, based on Article 487 of the Civil Act; and (c) Article 248(1) of the Civil Execution Act, the respondent entered the deposited person into “No. 35,486,301” and entered the deposited person as “No.

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