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(영문) 서울고등법원 2016.01.15 2015나19287
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "List of the seizure and collection order of the first instance judgment" in the 3th, 2, and 3th of the third, 3th of the first instance judgment is as "List of the seizure and collection order of the claim of the party"; "The 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 4th of the 2nd of the 4th of the 1

2. As to the changed portion of the instant case, the Plaintiff notified the Defendant of the receipt of KRW 108,70,000,00 among the claim for the construction price of the instant case, and the notification was served on May 8, 2013. The notification was delivered to the Defendant. The fact that prior to May 8, 2013, the notice of assignment was served to the Defendant, a garnishee, prior to the issuance of the notification of assignment of the instant claim, seizure of each claim amounting to KRW 275,248,52, as indicated in the list of claims seizure and collection orders in the first instance trial, and the delivery of the collection order was made. In full view of the purport of the arguments in the evidence Nos. 2 and 16, the remaining amount of claims out of the construction price of the instant case at the time of May 8, 2013 can be acknowledged to have not yet come to KRW 275,248,522,00,000 among the claim for construction price of the instant case, the Plaintiff’s claim subject to be transferred and the execution order.

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