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(영문) 광주지방법원 2015.12.23 2015가단37219
전부금 등
Text

1. The Defendant’s KRW 60,000,000 and its annual rate from September 1, 2015 to December 31, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of premise;

A. On July 2015, Korea Plastex Co., Ltd. (hereinafter “Nonindicted Company”) had a claim of KRW 104,818,362 (hereinafter “instant claim”) against the Defendant for plastic set processing fees (hereinafter “instant claim”).

B. On July 16, 2015, the Plaintiff filed an application for attachment and assignment order with the Gwangju District Court for an attachment order of KRW 60,000,000 among the instant claims with the claim claim amounting to KRW 200,000,000, interest rate of KRW 9,589,041 with respect to the Nonparty Company as the claim amount. On July 21, 2015, the Plaintiff issued a assignment order of claims under the Gwangju District Court 2015TTT11827 (hereinafter “instant assignment order”), and the original copy of the decision was served on the Defendant on July 21, 2015, and on July 22, 2015, and the said decision became final and conclusive around that time.

C. B, on July 22, 2015, acquired KRW 100,000,000 among the instant claims from Nonparty Company (hereinafter “instant assignment of claims”); and Nonparty Company sent the content-certified mail to the Defendant on July 23, 2015, stating such fact, and was delivered on July 24, 2015.

In addition, on July 27, 2015, the Plaintiff applied for the attachment and assignment order for the instant claim to the Gwangju District Court with the same claim as the claim claim, and the judgment was served on the Defendant on July 27, 2015, and on August 15, 2015, on which the attachment and assignment order was issued by the Gwangju District Court 2015TTTT1210 (hereinafter “instant assignment order”); and the original copy of the decision was served on the non-party company on August 27, 2015; and the said decision became final and conclusive around that time.

E. On July 27, 2015, the New Electric Fire Fighting Co., Ltd. received a claim attachment and collection order against KRW 37,591,300 among the instant claims as the Gwangju District Court 2015TTTT12401, and the original copy of the decision was sent to the Defendant on July 29, 2015, and to the Nonparty Company on August 26, 2015, respectively.

F. On July 29, 2015, Jindo Co., Ltd. received a decision on provisional seizure of claims of KRW 42,600,000 among the instant claims by the Gwangju District Court Decision 2015Kadan3096, Jul. 29, 2015. The original copy of the decision is July 29, 2015.

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