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(영문) 서울남부지방법원 2015.07.23 2014가단54483

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. After receiving the judgment (Supreme Court Decision 2014Kadan535 Decided April 9, 2014, 2014, the Plaintiff filed an application for the seizure and collection order against the Sungsung Industries Co., Ltd. (hereinafter “Ssung Industry”), and on June 30, 2014, based on the above judgment, the same court issued a seizure and collection order (hereinafter “instant seizure and collection order”) to the Plaintiff, which granted the Plaintiff authority by seizing the claim amounting to KRW 17,000,000 for the supply price claim and sexuality with respect to the Defendant Sung Sungsung Concom Co., Ltd. (hereinafter “Defendant Taesung Con”), which is equivalent to KRW 8,457,491, which the industry had against the Defendant Daesung Concom Co., Ltd. (hereinafter “Defendant Taesung Con”), which is equivalent to KRW 8,457,491.

On the other hand, the seizure and collection order of this case was served on the Defendants, who were the garnishee at that time.

B. On July 23, 2014, the Plaintiff’s instant seizure and collection order and B’s request were concurrent with that of the instant seizure and collection order, and the Defendant Daesung B deposited KRW 17,00,000 to 434, on the ground that the seizure and collection order were conducted on July 23, 2014, and the Defendant Daesung B deposited KRW 8,457,491 with the same court on the ground that the seizure and collection order were conducted on July 23, 2014. < Amended by Act No. 4355, Jul. 23, 2014>

C. With respect to the deposited money deposited in execution by the Defendant Hodecon, KRW 8,267,90 (i.e., KRW 8,457,491 interest - KRW 4,162 on KRW 193,750 on KRW 4,750 on KRW 8,457,491 on August 29, 2014, the entire deposited money was distributed to the Plaintiff (the bond amount as seen earlier is KRW 8,457,491) and B (the bond amount is KRW 250,000 on KRW 16,81,940 on KRW 17,00 on KRW 5,690 on KRW 690 on KRW 193,750 on KRW 194 on the deposit deposited by the Defendant Hodecon) in proportion to the respective claim amount. The said deposited money was distributed to the court D on April 29, 2014.