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(영문) 서울중앙지방법원 2017.12.05 2017가단5086367
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff received an order to seize and assign the Plaintiff’s claim (hereinafter “Plaintiff’s attachment and assignment order”) on September 14, 2009 with the claim claim amounting to KRW 524,907,520 based on the authentic copy of a promissory note with executory force No. 33 of 208, which was executed on September 21, 2008 between the debtor and the third debtor’s Hyundai M&C Co., Ltd. (hereinafter “SCO”). The Plaintiff received an order to seize and assign the claim (hereinafter “Plaintiff’s attachment and assignment order”). The indication of the claim to be attached was “the Plaintiff’s claim return of KRW 524,907,520 based on the authentic copy of the authentic copy of the promissory note with executory force No. 33 of 2008, Jul. 21, 2008.”

B. The Defendants’ claim attachment and assignment order 1) The Defendant Hansan received the claim attachment and assignment order (hereinafter “the first attachment and assignment order”) as follows: (a) the Seoul Central District Court issued the claim attachment and assignment order (hereinafter “the first attachment and assignment order”); and (b) the indication of the claim to be attached stated “the debtor Han Han ethyl Co., Ltd. entered the amount of the claim amount up to the above claim amount out of the goods price and the construction cost claim to be paid to the third obligor Hyundai Mco’s original unit; and (c) the Defendant Han Tech technical financing loan received the claim attachment and assignment order (hereinafter “the second attachment and assignment order”) as follows. The indication of the claim to be attached stated “the amount to be received as the price for the machinery installation and installation works held by the obligor to the third obligor to the claim amount from the claim amount to the claim amount to the above claim amount.”

3) The Korea Communications Standards Commission transferred the instant claim to Defendant Samman Master Co., Ltd. (hereinafter “instant assignment of claim”).

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