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(영문) 의정부지방법원 2017.07.19 2017나201713

추심금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The plaintiff has a claim for the following amount against B.

The plaintiff applied for a payment order as the District Court 2008 tea5356 with respect to the above claim and received a decision to accept it, and the above payment order was finalized as it is.

(hereinafter referred to as the “instant payment order”), 70,196,785 won and 69,966,242 won out of the said money, with 15% per annum from December 16, 2008 to January 22, 2009, and 20% per annum from the following day to the date of full payment.

B. The Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) as to the amount until the amount reaches KRW 60,000,000, which is the claim amount, out of the wage claims against the Defendant (except the portion indicated below) against the Defendant under the Jung-gu District Court 2013TTT No. 15709 with the title of execution with the original copy of the instant payment order as the title of execution, and the said original copy was served on the Defendant, who is the garnishee on September 5, 2013.

Part excluded from the object of seizure and collection order.

C. The Plaintiff filed a lawsuit claiming the collection amount against the Defendant under the Seoul Eastern District Court 2014 Ghana294121 based on the instant claim attachment and collection order.

At the time, the Plaintiff sought payment of KRW 20,000,000, which is a part of its claim amount of KRW 60,000,000, and interest for delay thereon. On November 3, 2014, the Plaintiff rendered a favorable judgment of the Plaintiff that “the Defendant would pay to the Plaintiff the amount of KRW 20,000,000 and the interest for delay calculated at the rate of KRW 5% per annum from June 19, 2014 to November 3, 2014, and 20% per annum from the next day to the date of full payment.”

(hereinafter “the judgment prior to the instant case”) D.

On the basis of the judgment of the previous suit against the Defendant, the Plaintiff received the order of seizure and collection (the Government District Court 2015TTTT 1197) against the Sejong-Jinia Co., Ltd., the Defendant, based on the judgment of the previous suit against the Defendant. The Plaintiff was 21,342,465 won following consultation between the Plaintiff, the Defendant, and the Sejong-Jin