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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. A. Although a master construction company (hereinafter “master construction”) has a claim for the construction payment amounting to KRW 107,500,000 against the Defendant, the master construction company applied for a payment order against the Defendant for the payment order for the said construction payment under the Sungwon District Court Branch Branch Order 201Guj3826, August 2, 2011, and the said payment order was finalized on August 26, 2011.
B. On June 25, 2012, using the original copy of the above finalized payment order as the title of execution, the Defendant, the debtor, was issued a seizure and collection order (hereinafter “the first collection order”) against KRW 125,936,986, out of the construction cost claims held by the Defendant against the 3 debtor, as the Seoul Central District Court 2012TTTTTTTTTTTA, and on October 29, 2012, issued a seizure and collection order (hereinafter “the second collection order”). On October 29, 2012, the Defendant, the debtor of the Seoul Central District Court 2012TTTTA, 2012, issued a seizure and collection order (hereinafter “the second collection order”) against KRW 13,417,808, among the construction cost claims against the 133,417,808, the third debtor foundation.
C. However, on August 17, 2012, the name bank construction transferred the claim for collection based on the first collection order to A. On August 27, 2012, notified the Rice Supervisory Board of the assignment of the above claim, and around that time, the notice was served to the Rice Supervisory Board.
In addition, on January 24, 2013, the registered construction transferred the claim for collection based on the second collection order to A, and on the same day, the notification was given to the maintenance foundation of the Mydu Foundation, and the notification was served to the Mydu Foundation on January 25, 2013.
Meanwhile, on June 17, 2013, Plaintiff Taesung Steel Co., Ltd. issued a payment order with Sungwon District Court 2011j3826, which held against the Defendant, the garnishee, as the debtor, as the debtor, as the court court 2013TT 11381.