추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 12, 2015, the Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Suwon District Court in relation to KRW 150,00,000, out of the “goods price” claim against the Defendant of the non-party company, as a creditor of the authentic deed against the non-party company (hereinafter “non-party company”).
B. On February 17, 2015, the instant order of seizure and collection was served on the Defendant, who is the garnishee, on February 17, 2015.
C. On the same day, the Defendant paid 21,090,569 won to the non-party company in 19:29:04.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On February 17, 2015, the Defendant: (a) served the instant claim attachment and collection order on February 17, 2015; and (b) paid KRW 21,090,569 to the Nonparty Company on the same day after several hours.
The above monetary payment by the defendant was made after the delivery of the order of seizure and collection of the corresponding claim to the defendant, and the above money was to have been paid to the plaintiff. Thus, the defendant is obligated to pay the plaintiff the above 21,090,569 won as compensation for damages caused by the tort and the delay damages.
(b) judgment of tort means an illegal act inflicting loss on another person intentionally or by negligence;
According to the plaintiff's assertion, the defendant's act of paying the service price of KRW 21,090,569 to the non-party company, the debtor, after delivering the seizure and collection order of this case to the non-party company, which is the garnishee, is contrary to the validity of the seizure and collection order of this case. Therefore, the plaintiff cannot assert its validity to the plaintiff, the creditor, and therefore, the plaintiff can deny the validity of the monetary payment act of the defendant against the defendant and exercise its right based on
Nevertheless, it is not possible.