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(영문) 광주지방법원 2019.08.28 2018가단20403
전부금
Text

1. The Defendants each of the KRW 15,000,000 to the Plaintiff, respectively, and 15% per annum from September 7, 2018 to May 31, 2019.

Reasons

Facts of recognition

Based on the notarial deed No. 702 of 2016, the Plaintiff filed against the Defendants for the attachment and assignment order of the claim against the Defendants of the non-party foundation (the claimed amount of KRW 700,000,000, the claimed amount of KRW 500,000,000, and the claimed amount of KRW 500,000,00,000, etc. against Defendant E), the Plaintiff filed for the attachment and assignment order of the claim against the Defendants of the non-party foundation by a notary public against the medical corporation F (hereinafter “non-party foundation”) on September 7, 2016 from the above court (hereinafter “execution court”). The attachment and assignment order of the instant claim was served on September 16, 2016, and the attachment and assignment order of the instant claim became final and conclusive on September 16, 2016.

The Plaintiff filed a lawsuit against the Defendants as the Gwangju District Court 2016Kadan40953 and filed a claim for the full amount with the said court on March 31, 2017.

From them, the judgment was rendered in favor of the plaintiff that "the defendant B, the defendant C, the defendant C, the defendant C, the defendant C, the 36,328,553 won, the defendant E, the 17,417,625 won and the delay damages therefor," and the above judgment was "the prior judgment".

The decision was confirmed on April 21, 2017.

On the other hand, on January 16, 2018, the non-party foundation filed an application for commencing rehabilitation procedures with the Gwangju District Court 2018 Mahap5001, and the above court decided to commence rehabilitation procedures on April 5, 2018.

AB made it.

On April 25, 2018, the custodian of the non-party Foundation requested the rehabilitation court to revoke the provisional seizure order of each of the claims, including the seizure and assignment order of the claims in this case, the seizure and collection order of claims, the seizure and collection order of claims, and the assignment order of claims. On May 1, 2018, the above court is the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Bankruptcy Act").

Pursuant to Article 58 (5), each decision on provisional seizure of claims, including the seizure and assignment order of claims in this case, seizure of claims, and seizure of claims.

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