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(영문) 수원지방법원 2018.10.30 2018가단16788

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff filed an application for the attachment and collection order against the Defendant of Yi-N Co., Ltd. for the third debtor, the Defendant, on the ground that the claim amounting to KRW 528,600,000 against YN Co., Ltd. was in existence. On February 20, 2018, the Daejeon District Court rendered a ruling of the attachment and collection order on February 3, 2018. This ruling was served on the Defendant on February 3, 2018.

From August 22, 2017 to February 20, 2018, the Defendant deposited (deposit amount: 364,915, 313 won) pursuant to Article 248(1) of the Civil Execution Act with the Daejeon District Court's Incheon District Court's Branch on July 13, 2018, on the ground that the claims against the Defendant of YNN Co., Ltd. are concurrent with four seizure and collection orders, and one claim provisional seizure is concurrent.

The defendant's obligation to YN Co., Ltd. was extinguished due to such execution deposit.

I would like to say.

The plaintiff's claim is without merit.

However, in full view of all the circumstances such as the time of application for the instant payment order and the time of the deposit for execution, the withdrawal of the Plaintiff’s lawsuit and the circumstances leading to the Defendant’s non-acceptance of the lawsuit, the litigation costs of this case