beta
(영문) 수원지방법원 2018.09.04 2018가단3348

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. C has been in office as a representative director of the Defendant and has been in office as a director since the resignation of the representative director on August 1, 2014.

B. On August 3, 2011, the Plaintiff entered into a contract to sell a third-party obligor’s common share of KRW 28,000 to C in KRW 300,000, and filed a lawsuit against C with the Incheon District Court 201Gahap20211, and filed a lawsuit against C seeking the payment of KRW 300,000,000 of the share price and interest, and was sentenced to a favorable judgment on February 13, 2014, “C shall pay to the Plaintiff the amount of KRW 300,00 and interest calculated at the rate of KRW 20% per annum from August 4, 2012 to the date of full payment.”

Accordingly, even though C appealed by Seoul High Court 2014Na18768, on September 24, 2014, the judgment of dismissal of appeal became final and conclusive on October 15, 2014.

C. On June 9, 2014, the Plaintiff, based on the original copy of the above executory judgment, applied for a seizure and collection order against the Defendant as a third debtor on June 9, 2014, and on June 11, 2014, the Plaintiff rendered a decision to seize and collect claims and collection orders against the Defendant of Nonparty C by: “The amount up to KRW 404,351,003, less the public charges and the public charges, from the wage claim received every month from the third debtor (However, in consideration of the minimum cost of living under the National Basic Living Security Act, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act, taking into account the minimum cost of living under the National Basic Living Security Act, the remaining amount excluding it, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the standard household’s cost of living) and the amount of the above claim, if the Plaintiff retires between the Defendant and the above amount of the claim,

(Seoul Central District Court 2014TTT 16314). This decision was served on the defendant on June 16, 2014.

Meanwhile, the defendant around May 1, 2014, before the issuance of the collection order of this case, requested by C.