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(영문) 청주지방법원 2019.12.18 2019나12573
전부금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

The Plaintiff’s claim and assignment order against D as the court of this Court No. 2015Kadan1495, the Plaintiff filed an application for provisional seizure against D as to the amount of KRW 49,791,930 regarding chemical drugs, etc. supplied by the Plaintiff to D until September 5, 2014 with D as the preserved claim, and D was divided into Defendant B and Defendant C on July 1, 2015, as seen in the following sub-paragraph (b) of this Article; hereinafter “B before division”). On June 29, 2015, the Plaintiff filed an application for provisional seizure against D’s “amount of KRW 49,778,791,930, out of KRW 10,732 of the monthly payment of the fees for the use of real estate and machinery, equipment, etc. located in E-Gu, and received the provisional seizure order from the above court on June 29, 2015.

The provisional attachment ruling was delivered to C on June 30, 2015, respectively, to D on August 20, 2015.

In addition, on June 16, 2015, the Plaintiff was issued a payment order against D to the effect that “D shall pay to the Plaintiff 49,791,930 won and the amount calculated at the rate of 20% per annum from the day following the day on which the original copy of the payment order was served to the day of complete payment.”

In addition, the payment order was served on D on July 24, 2015, and became final and conclusive on August 8, 2015.

The plaintiff, with the title of execution of the above payment order, assigned the debtor D and the third debtor D to Defendant B as the title of this court 2017TTT347, and transferred the above provisional seizure to Defendant B, additionally seized the same claim 14,887,070 won, and all of them were issued an order of seizure and assignment of the provisional seizure to the original seizure.

On January 26, 2017, the above attachment and assignment order was served on Defendant B, and thereafter was served on D and became final and conclusive.

Before the division, C opened a temporary general meeting of shareholders on May 29, 2015 and approved the company division plan as of July 1, 2015. The main contents of C are as follows:

(1) Manufacturing business.

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