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(영문) 서울중앙지방법원 2019.09.18 2019가단5024844
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for provisional attachment against the claim against the medical corporation C (hereinafter referred to as “foreign corporation”) with the Seoul Central District Court 2018Kadan82003 (hereinafter referred to as “C”) on the claim amount of KRW 116,00,000, out of the claim settlement amount to be paid at present and in the future by the Defendant, the garnishee, the third party obligor, for provisional attachment against the claim amount, and received a decision of provisional attachment from the above court on November 23, 2018.

(hereinafter referred to as the "provisional seizure of this case"). (b) The provisional seizure of this case

The Plaintiff filed a payment order with the Seoul Central District Court 2018 tea29077 and received payment order from the above court on November 20, 2018.

The above payment order was finalized on December 11, 2018.

C. Based on the above order of payment, the Plaintiff received a claim attachment and assignment order (hereinafter “instant assignment order”) under the Seoul Central District Court 2018TTTT 12123, stating that “the amount until the claim amount of KRW 118,177,231 out of the above settlement amount has been claimed,” and that “the instant provisional attachment against KRW 116,00,000 out of the above settlement amount has been transferred from the above court to the original attachment, and seized KRW 2,177,231 out of the above settlement amount.” The Plaintiff received a claim attachment and assignment order (hereinafter “instant assignment order”).

The instant assignment order was served on the Defendant, a garnishee, on December 19, 2018, and became final and conclusive on January 3, 2019.

The claim for the above settlement amount was KRW 143,527,300 as of January 10, 2019.

(hereinafter “instant claim”). [The ground for recognition: the absence of dispute, entry of evidence A Nos. 1 and 4, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant shall pay to the plaintiff KRW 118,177,231 within the scope of the claim of this case according to the assignment order of this case and its related thereto.

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