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(영문) 서울중앙지방법원 2016.10.07 2016가합516870

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In light of the overall purport of evidence Nos. 1, 5, and 7, the Plaintiff: (i) obtained a collection order and seizure from the Seoul Southern District Court on January 6, 2016 to the Defendant, which transferred KRW 232,00,00 from the Seoul Southern District Court on the part of Seoul Southern District Court 2016TTTTT to the Defendant as Seoul Southern District Court 2016TTTTTT64 (hereinafter “HT”); and (ii) the Plaintiff may obtain a collection order and seizure from the Defendant, which is the Seoul Southern District Court 20,000 won based on the executory exemplification of the judgment in the damages case; and (iii) the amount of the seized claim to be paid by the obligor from the third obligor (the Defendant); and (iv) the amount of the seized claim to the Defendant, which is the Seoul Southern District Court 20,300,000 won, until the above claim amount was delivered to the Defendant.

2. With respect to the claim of the parties to seek the payment of the collection amount based on each of the above collection orders, the defendant was a trustee who entered into a trust contract with the Korea-Japan Development Project Group Co., Ltd. (hereinafter “Korea-Japan Development”) for the relevant reconstruction project and entered into a trust contract with him/her, and the service payment claim, which is the collection claim claimed by the plaintiff, is not a claim against the defendant, but a claim against Korea-Japan Development.