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(영문) 서울중앙지방법원 2018.09.13 2018가단5117244
전부금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A received a claim attachment and assignment order (hereinafter “instant assignment order”) from the notary public of Daesung Co., Ltd., Ltd. (hereinafter “Saeman C”), on March 26, 2018, based on a promissorysory note No. 1018, the Republic of Korea District Court No. 2018,5186 in the Republic of Korea. On March 26, 2018, Plaintiff A filed an application for a claim attachment and assignment order with the Seoul Northern District Court No. 2018,5186. The assignment order of this case became final and conclusive on March 26, 2018, on the ground that it was served on Defendant 1, 200,300,000 won, among the construction price claims against the Defendant under the Agreement on 11, 2017BL Apartment Electric Construction Co., Ltd., Ltd. (hereinafter “Samandong-dong Electrical Construction Co., Ltd.’s 11,380,018.

B. Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) received a claim attachment and assignment order (hereinafter “instant assignment order”) issued by the notary public of the Republic of Korea against the Defendant under the Agreement on 11, 2018 for the Construction of Promissory Notes No. 105 in the Republic of Korea, with the Seoul Northern District Court No. 2018TTB No. 2018, Mar. 26, 2018; the assignment order of the instant case was served on the Defendant on March 29, 2018, with the amount of KRW 1,08,000,000,000,000,000,000 won, among the claim for construction payment against the Defendant under the 11,000,000,000,000 won, among the claim for construction payment against the Defendant under the 2A7BL Apartment Electric Construction Contract No. 11.2013, Mar. 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since an assignment order and an assignment order of No. 1 and No. 2 of the Plaintiff’s assertion became final and conclusive, the Plaintiffs seek payment of KRW 50 million out of the total amount as part of the claim against the Defendant.

B. Determination No. 3, B.

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