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(영문) 서울중앙지방법원 2017.06.01 2016가단134622

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 16, 2015, the Plaintiff lent KRW 170 million to B, under the joint and several sureties of C, etc., while the Plaintiff repaid KRW 56,66,66 each month from April 30, 2015 to June 30, 2015, and, if B, etc. fail to perform its obligation, the Plaintiff drafted a notarial deed of a monetary loan agreement with the purport that it does not raise any objection even if it is immediately subject to compulsory execution.

B. On July 14, 2015, the Plaintiff was issued a ruling of the attachment and collection order (hereinafter “instant order of attachment and collection”) with respect to the obligor B and the third obligor as the Defendant, the claim amount of KRW 170,000,000,000, and the seized claim of KRW 170,000,000 as follows (hereinafter “instant obligation”) based on the said notarial deed, and the said ruling was served on the Defendant on July 17, 2015.

The claim amount from the disposal price of the above real estate to the above amount out of the money to be paid to the debtor after the appropriation of the claim from the disposal price of the above real estate due to the termination or termination of the trust contract between the debtor and the third debtor pursuant to the security trust contract for the real estate (hereinafter “instant real estate trust contract”) under the payment of KRW 170 million to the third debtor: Provided, That where the above real estate is not disposed of in accordance with the above security trust contract and the above security trust contract is terminated, the debtor shall indicate the amount of the claim from the third debtor up to the above amount out of the settlement amount

1. The area of 1,822 square meters for D forest land in Ansan-si;

2. E- 4,169 square meters in Ansan-si.

3. The descriptions in Gap's 1, 2, and 4, respectively, of F forest land 9,175 square meters in Ansan-si.

2. Determination as to the cause of action

A. The plaintiff's assertion is obligated to pay to the plaintiff, the collection right holder under the collection order, the collection right holder under the seizure and collection order of this case, the amount of KRW 170 million and the delay damages.

(b) lawsuit for judgment collection.