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(영문) 서울남부지방법원 2020.06.24 2019가단18215

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On March 5, 2017, Defendant C filed a lawsuit seeking the payment of KRW 11,087,692 against the Plaintiff (hereinafter “Plaintiff, regardless of whether the trade name was changed: G stock company; hereinafter “Plaintiff”) as Seoul Northern District Court Decision 2017Da14483, and was sentenced to a favorable judgment on December 13, 2017, and the Plaintiff appealed with Seoul Northern District Court Decision 2018Na174 on July 4, 2019, and the lower judgment became final and conclusive on August 10, 2019.

Defendant C, on May 13, 2019, with the enforcement title of the above final judgment, received a seizure and collection order as to the Plaintiff’s freight claim against H as Seoul Southern District Court 2019TTT4821, and the said order was sent to I Co., Ltd and the Plaintiff on May 16, 2019.

B. On February 27, 2017, Defendant D filed a lawsuit seeking the payment of KRW 10,417,689 against the Plaintiff by the Innwon District Court Decision 2017Gau571, and the damages incurred therefrom, Defendant D was sentenced to a favorable judgment on September 21, 2017, and the said judgment became final and conclusive on October 11, 2017.

Defendant D, on April 5, 2019, with the above final judgment as executive title, received the seizure and collection order as Seoul Southern District Court 2019TTTT 2019TTT 3557 with respect to the Plaintiff’s cargo transport fee claim against H Co., Ltd., and each of the Plaintiff was served on April 5, 2019 on the Plaintiff and on April 29, 2019.

C. On March 15, 2017, Defendant E filed a lawsuit seeking the payment of KRW 19,107,673 against the Plaintiff and delay damages against the Plaintiff by the Namyang-si District Court 2017Gau7642, and was sentenced to a favorable judgment on September 7, 2017, and the said judgment became final and conclusive on October 6, 2017.

Defendant E received a seizure and collection order on May 16, 2019 with respect to the Plaintiff’s cargo transport fee claim against H as the executive title of the above final judgment on May 13, 2019, as Seoul Southern District Court 2019TTT4829, and issued a seizure and collection order on May 16, 2019.