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(영문) 광주지방법원 2015.02.06 2014가합5168
공탁금출급청구권확인 등
Text

1. The part of the claim seeking nullification of the assignment of claims in the instant lawsuit is dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. The term “transfer date” in the attached Table 1 attached between November 29, 201 and December 22, 2011, the term “Maw Development Co., Ltd. (hereinafter “Maw Development”)’s assignment 1) native Development Co., Ltd. (hereinafter “Mawyang”) between the Defendants and the Defendants is as follows: (a) Hanyang Co., Ltd., Ltd. (hereinafter “Mawyang”) on the corresponding date indicated in the attached Table 1.

2) Claim for the construction payment against the Plaintiff (hereinafter “instant claim for the construction payment”).

The term “transfer claim” in this section means a transfer contract for each claim indicated (hereinafter “transfer of each claim of this case”).

When a contract for the transfer of an individual claim is referred to, it shall be specified together with the No. 1 list.

After the conclusion of the contract, the assignment of claims was notified to the limited amount by content-certified mail. From November 30, 201 to December 23, 2011, the notice of the assignment of claims was delivered to the Hanyangyang. 2) Meanwhile, according to the attached list No. 1, the claim amount of the instant case transferred to the Defendants according to the assignment of claims in this case was totaled KRW 724,142,570 (= KRW 200,000 (transfer of the first claim in this case) + KRW 188,00,000 + KRW 90,000 + KRW 90,000,000 + KRW 150,000,000 + KRW 48,000,000 (transfer of the second claim in this case) + KRW 4004,004,000 (transfer of the third claim in this case) plus KRW 364,504,000 (transfer of the assigned claim in this case) 364,541464).

B. The Plaintiff’s claim attachment and collection order 1) The Plaintiff filed an application with the Seoul Central District Court for a payment order for the purchase price of goods with the Seoul Central District Court 201 tea 102266, and on December 26, 2011, the Plaintiff received a payment order from the above court to the Plaintiff stating that “Mari Development shall pay to the Plaintiff KRW 278,369,261 and delay damages therefor,” and the said payment order became final and conclusive on January 17, 2012. 2) The Plaintiff’s payment order became final and conclusive on January 17, 2012 as the Gwangju District Court 201TBT 2012T 11266, limited to the amount of KRW 109,943,000 out of the instant construction price claim, as the garnishee.

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