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(영문) 서울고등법원 2015.11.17 2014나36230
물품대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for a judgment of the first instance shall be quoted by this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

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2. Additional determination

A. The Defendant’s main defense against the Defendant’s main defense is determined as follows. The Defendant asserted that this part of the Plaintiff’s claim is unlawful, since the Plaintiff’s obligee’s claim against the Defendant was filed for attachment order, the obligee applying for attachment order should clarify the type and amount of the claim to be seized, and amount of the claim to be seized (Article 225 of the Civil Execution Act), and the scope of the attachment order should be indicated only in the case where the obligee’s claim against each of the Plaintiff’s main defense is indicated as part of the claim (Article 25 of the same Act).

(Civil Execution Rule No. 159(1)3). Nevertheless, in a case where the subject and scope of the claims to be seized are not specified in the seizure order due to the failure of the creditor to specify the subject and scope of the claims to be seized, the attachment does not take effect upon the decision of seizure.

This legal doctrine has several claims against a third party obligor, and it is equally applied when a creditor files an application for seizure, etc. on the whole of his/her claims.

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