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(영문) 인천지방법원부천지원 2017.12.08 2017가단9376

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. The Plaintiff’s “B Housing Redevelopment Improvement Project Promotion Committee” (hereinafter “instant promotion committee”) filed a lawsuit against the instant promotion committee with the Plaintiff seeking payment of remuneration under the 2016Gadan1061, the Incheon District Court rendered a favorable judgment against the Plaintiff on November 9, 2016: “The instant promotion committee shall pay to the Plaintiff the amount of KRW 51,50,000 and the interest rate of KRW 15% per annum from December 10, 2015 to the date of full payment.” 2) The Plaintiff filed a lawsuit against the instant promotion committee with the said court seeking payment of loans under the 2016Gada1805, and the said court rendered a favorable judgment with the Plaintiff on November 17, 2016, the amount of KRW 18,190,000 as well as the amount of annual payment from July 28, 2016 to the date of full payment.”

3) Each of the above judgments became final and conclusive around that time. (B) On December 9, 2016, the Plaintiff: (a) obtained a seizure and collection order of the Plaintiff’s claim against “59,161,507 won out of the claimed amount out of the claims related to the Defendant, who is a third debtor of the instant promotion committee,” and served the Defendant around that time with the execution title of the judgment with the executory exemplification of the instant case No. 2016Ga1061; and (b) received a seizure and collection order of the said judgment against the Defendant, who is the third debtor of the instant promotion committee.

2) On December 26, 2016, the Plaintiff: (a) obtained a seizure and collection order (hereinafter “each of the instant collection orders,” including the front line collection order) against the Defendant, the third obligor of the instant promotion committee, from the amount of KRW 19,214,121 among the loan claims, on December 26, 2016, with the execution title of the executory exemplification of the judgment in the instant case No. 2016 Ghana1805; and (b) served the Defendant around that time. [Grounds for recognition] There is no dispute; (c) evidence Nos. 1 and 2 (each of the items, including the number, and all of the pleadings).