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(영문) 창원지방법원 2017.05.11 2016가합51156
전부금
Text

1. The Plaintiff:

A. From May 4, 2016 to May 11, 2017, Defendant NIF Stock Companies: KRW 570,563, and its amount.

Reasons

1. Facts of recognition;

A. On August 26, 2015, based on the executory exemplification of the judgment rendered by Changwon District Court 201Kahap3350 on the purchase price of goods, the Plaintiff received an order to seize and wholly order each amount equivalent to the amount claimed by each Defendant out of the claims against the Defendants of Taejin-in trade as the Seo-gu District Court Branch 2015Taeaeaea 5983 on August 26, 2015.

B. The order of seizure and assignment of the above claim was served on Hongjin Trade on November 18, 2015; on August 28, 2015, Defendant B Co., Ltd. on August 31, 2015; on September 1, 2015, Defendant B Co., Ltd., E, F, and G; on September 17, 2015; on September 17, 2015, Defendant B Co., Ltd.; on September 18, 2015; on September 18, 2015; and on September 29, 2015, Defendant D, respectively, were served on Defendant H on September 26, 2015.

【Reasons for Recognitions 1, 2, and 3

2. As stated in the Plaintiff’s assertion No. 4 of the credit sales statement, virtue-in trade had claims against the Defendants, and the Plaintiff’s assignment order became final and conclusive upon receiving an assignment order with respect to each of the above claims based on the claim amount in consideration of interest, etc. thereon, the Defendants are liable to pay to the Plaintiff the total amount indicated in the claim amount by the Defendant and the damages for delay from the day following the delivery of a copy of the complaint of this case.

3. Determination

A. Even if the assignment order for judgment on the claim against C, D, G, and H was legally issued and confirmed in the course of the procedure, in order for the entire claim to be transferred to all creditors, the entire claim should have a claim against the obligor, i.e., the third obligor, based on the time of service to the third obligor, which is the effective date of the assignment order (Article 231 of the Civil Execution Act) (Article 231 of the Civil Execution Act). In determining the attachment and assignment order, the court shall serve the enforcement title, the existence of the preceding attachment order, and the existence or absence of the preceding eligibility.

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