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(영문) 인천지방법원 2020.06.18 2020가단204048
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserted that as a creditor against C Co., Ltd., the Defendant of C Co., Ltd. received an order of seizure and assignment of claim amounting to KRW 36,286,204 among the judgment amount claims against C Co., Ltd., and sought payment of claim pursuant to the above assignment order against the Defendant.

On August 14, 2017, the Plaintiff received a seizure and collection order against the Defendant of D Co., Ltd. on August 14, 2017 based on the order of performance recommendation rendered by U.S. court No. 2017 Ghana6816, which was issued by the Plaintiff against C. The fact that the above seizure and assignment order was served on the Defendant and C Co., Ltd. at that time, and that it became final and conclusive is significant in this court.

However, in full view of the evidence Nos. 1-1, 2, and 2 of the evidence Nos. 1-1-2, “C stock company,” which is an obligor under the above credit seizure and assignment order, is a corporation whose corporate registration number is “E” and whose representative director is “Seoul-gu F building and fourth floor” as “E,” and “D corporation,” which is the Plaintiff in the above Incheon District Court 2016Gahap56973 case, is the corporate registration number is “H”, and “S corporation,” which is the Plaintiff in the above Incheon District Court 2016Gahap56973, the registration number is “H”, and the fact that the “S-gu I building and J

According to the above facts of recognition, the validity of the above attachment and assignment order cannot be deemed to affect the Plaintiff’s “D Co., Ltd.” (H), and thus, it cannot be deemed that the claim equivalent to KRW 36,286,204, out of the judgment amount claim of D Co., Ltd. (H), was transferred to the Plaintiff.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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