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(영문) 서울중앙지방법원 2016.05.27 2015가합560153
전부금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 5 (including each number), and the entire arguments, non-party A Co., Ltd. (hereinafter "A") had a claim for refund of KRW 730 million against the defendant under a loan agreement dated November 8, 2012 (hereinafter "the entire claim of this case"). ② The plaintiff Ildo Electric Technology Co., Ltd. was issued an attachment and assignment order for KRW 467,00,000 among the entire claim of this case as of September 14, 2015, as of Incheon District Court 2015TTT No. 203193,00,000 among the entire claim of this case, the above attachment and assignment order was served on the defendant on September 17, 2015, and confirmed on September 21, 2015; ③ Plaintiff 201, Incheon High Court 300,015.

B. Therefore, the Defendant is obligated to pay the full amount of KRW 467,00,000 to the Plaintiff Il-do Electric Technology Co., Ltd., and KRW 263,000,000 in full to the Plaintiff Shin Sung-sung Co., Ltd., and damages for delay thereof, barring any special circumstance.

2. Judgment on the defendant's defense

A. The summary of the defendant defense A transferred the entire claim of this case to the non-party B, and since the plaintiffs received the notification of the assignment of claim from the non-party A or the defendant accepted the assignment of claim with the certificate with a fixed date prior to the service of each assignment order of the plaintiffs to the defendant, each assignment order of the plaintiffs is

B. Even if an assignment order for a monetary claim attached 1 on the market is legally issued and confirmed under the procedure, the assignment order is null and void if there is no seized claim when the assignment order is served on the garnishee, and thus, the seized claim is entirely issued to the obligee.

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