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(영문) 서울동부지방법원 2014.12.12 2014나21122
전부금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2013, based on the executory exemplification of the notarial deed No. 1512, No. 1512, the Plaintiff, a notary public, issued an attachment and assignment order (hereinafter “instant assignment order”) with respect to “42,342,830 won out of the purchase price claim for the goods to be paid by the Defendant,” as the Suwon District Court 2013T 2015, which was “Chysty Co., Ltd.” (hereinafter “instant assignment order”).

B. On October 23, 2013, the Plaintiff received a decision to rectify the entire amount of the instant assignment order to “the amount of the claim against the Defendant for the construction work for the interior hall, such as indoor interior interior interior decoration, and the amount of the construction work claims that the piracy will receive from the Defendant (Provided, That an amount equivalent to wages that the constructor shall pay to his/her workers out of the contract amount of the construction work contracted under Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry shall be excluded).”

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is obligated to pay to the plaintiff as a whole creditor the total amount of KRW 42,342,830 and damages for delay in accordance with the assignment order of this case.

B. In a case where an assignment order has become final and conclusive, since an assignment order is deemed to have been repaid by the obligor at the time when the assignment order was served on the garnishee, in a case where there are several debtors, several garnishees, or where the obligor has several claims against the third obligor, it is necessary to specify, within the limit of the amount of execution bond, whether to order the whole amount by each obligor or each third obligor, or how much the obligor orders the whole amount of the obligor’s claim. In a case where this is not specified, the scope of execution is

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