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(영문) 서울고등법원(춘천) 2016.06.22 2016나535
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

The Seoul High Court (Chuncheon) held by the defendant against the plaintiff.

Reasons

Basic Facts

The court's explanation on this part is identical to the pertinent part of the reasoning of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

The Plaintiff’s assertion that the Defendant received an attachment and assignment order (hereinafter “instant assignment order”) with regard to the Plaintiff’s claims against the Korea Federation of Savings Banks (Seoul Bank of Savings Banks) (hereinafter “Korea Federation of Savings Banks”) as the Chuncheon District Court 2014TTTT3973 with the claim amount as KRW 120,418,934, and as long as the assignment order of this case became final and conclusive, the amount of the claim is considered to have been fully repaid at the time of delivery. Accordingly, if the Defendant fully appropriated the claim amount as of the time of delivery, the claim under the judgment of this case was fully repaid and extinguished.

Therefore, compulsory execution cannot be enforced by the judgment of this case.

In cases where an assignment order has become final and conclusive, the entire amount of the claim (where the amount of the entire claim exceeds the sum of the execution bond and the execution expense, within the extent of such aggregate amount) retroactively from the time when the assignment order was served on the garnishee, shall be transferred to the whole creditor, and accordingly, the execution bond shall be deemed to have been repaid within the limit of the claim amount of the assignment order.

The effect of such termination of an executory bond is not to ask whether the executory creditor has actually received reimbursement from the garnishee.

In addition, the third obligor is able to oppose the execution obligee by asserting the grounds of defense concerning the original obligation that he/she has borne, but cannot oppose the execution obligee on the grounds of the debtor's defense concerning the execution claim.

Based on this, in light of the following circumstances, claims in the judgment of this case were fully repaid and extinguished in view of the fact that there is no dispute, the entries in Gap evidence Nos. 1 through 4, and 8, and the purport of the entire pleadings.

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