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(영문) 서울중앙지방법원 2016.12.02 2016가합514812
전부금
Text

1. The Defendant’s KRW 230,016,00 for the Plaintiff and KRW 5% per annum from February 16, 2016 to August 23, 2016.

Reasons

The judgment on the cause of the claim is based on the fact that the defendant has a claim for the production and supply of steel waste at B construction sites equivalent to KRW 230,016,00,000, and the plaintiff received an order for seizure and assignment of the claim for the above production and supply of goods from the Jeonju District Court 2016,579 on February 4, 2016, and the decision is served on the defendant on February 15, 2016, and the final decision on March 3, 2016 is not disputed between the parties.

Therefore, the defendant is liable to pay to the plaintiff the full amount of KRW 230,016,00 and damages for delay.

After the judgment of the defendant's defense of seizure and assignment order was delivered to the defendant, the collection and disposal of the plaintiff's claims against the defendant, and the decision of provisional disposition prohibiting payment was issued to the defendant upon the plaintiff's application for Hosung Construction, and thus the defendant has made a lawful payment deposit because the creditor cannot be known. Thus, the defendant's obligation against the plaintiff was extinguished.

Judgment

Hosung Construction Co., Ltd. is invalidated by a false declaration of agreement with the Plaintiff on the ground that the Plaintiff’s execution claim against Drworkex is invalid by a false declaration of agreement. Accordingly, Drworkex, on June 7, 2016, by subrogation of the Plaintiff on the ground that it has the right to restitution against the Plaintiff, received a provisional disposition prohibiting the disposal of the claim against the Plaintiff and the third debtor, and served on the Defendant on June 9, 2016. On June 22, 2016, the said decision was delivered to the Defendant. On June 22, 2016, the Defendant cannot be seen as “the obligee is Drworkex due to the above assignment order or provisional disposition order,” and the fact that the deposited person was “the former part or the latter part of Article 487 of the Civil Act,” and that there was no dispute between the parties or deposited KRW 230,100,00 among the parties.”

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