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(영문) 서울남부지방법원 2017.05.25 2016가합111042

추심금

Text

1. The Plaintiff:

A. As regards Defendant B’s 308,000,000 won and 70,000,000 won among them, Defendant B’s Co., Ltd. from February 12, 2016.

Reasons

Basic Facts

A. On October 1, 2014, a promissory note No. 00471 (hereinafter “certificate of promissory note No. 20471) issued to the Plaintiff, as the issuer’s status, KRW 2.3 billion in face value, the place of issuance, the place of payment, and the place of payment. On the same day, a promissory note No. 200471 (hereinafter “certificate of promissory note No. 201”) was written in the capacity of the issuer.

B. The management and operation of third-party assets is a share owner who completed the registration of sharing of the said shares as the receipt of No. 52916 on July 15, 2014 with respect to the share of the F-ground Building in Guro-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

C. On June 26, 2015, the Plaintiff filed an application for the attachment and collection order with respect to the claim amounting to KRW 2250 million, which was held against Defendant B, C and G, based on the aforementioned notarial deed. D.

On July 17, 2015, the above court issued a “a collection order for the seizure and collection of claims” (hereinafter “instant seizure and collection order”) stating that the following claims against Defendant B, Defendant C, and G, the garnishee for the management and operation of the tri-property assets, may be seized in the attached list, and that the said seized claims may be collected by the Plaintiff.

Amount of claim: The amount equivalent to the above amount of claim out of the amount to be paid by the debtor who has the share of 12225.11/1324 to the Guro-gu Seoul Metropolitan Government F with the share of 2,250,000,000 to the third party obligor from the third party obligor under a contract for the indication of claims to be seized and collected between the third parties under the following table: Provided, That the scope of the amount to be seized and collected by the third party obligor shall be within the scope of the amount to be seized

B. The name of the B representative director of B, who indicated the claim to be collected, and the seizure and collection amount of the sequence 750,000,000.