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(영문) 서울고등법원 2020.11.13 2020나2016370
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: ① use the term “IA” of the 3th 7,17th 7, and ② use the allegation emphasized by the plaintiff in this court as “GAAA”, and ② use the grounds of the judgment of the court of first instance as well as the grounds of the judgment of the court of first instance (it is recognized that fact-finding and judgment of the court of first instance are legitimate even considering the circumstances asserted by the plaintiff in this court), and accept it in accordance with the main sentence of Article

2. Additional determination

A. In the Plaintiff’s first distribution procedure, on February 14, 2020, a distribution schedule was prepared and confirmed to distribute KRW 604,915,518 to the Defendant. Accordingly, the secured claim of the instant right to collateral security was fully repaid.

Therefore, the defendant lost the status of a creditor entitled to receive dividends in the second distribution procedure, and the distribution schedule of this case must be revised as stated in the purport of the claim.

B. Determination 1) An assignment order has its effect as final and conclusive, and when an assignment order becomes final and conclusive, it is deemed that the obligor performed his/her obligation at the time when the assignment order was served on the garnishee (main sentence of Article 231 of the Civil Execution Act). Examining the factual relations as seen earlier in light of the aforementioned relevant legal principles, the assignment order is deemed to have been discharged by the obligor at the time when the assignment order was served on the garnishee (the main sentence of Article 231 of the Civil Execution Act). On November 18, 2019, the attachment and assignment order of the instant claim became final and conclusive on December 4, 2019 after it was served on the garnishee, who is the obligor, on November 26, 2019, and thus, the execution bond equivalent to the face value (the secured claim of the instant right against the Plaintiff by the Defendant) is retroactively extinguished as long as the obligor exists, and is transferred to the Defendant.

Therefore, it is lawful that the instant distribution schedule was prepared in the distribution procedure of January 16, 2020, which was to distribute KRW 603,114,818 to the Defendant based on the assignment order of the instant claim attachment and assignment order.

3.1.

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