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(영문) 부산지방법원 2018.08.21 2017가단321728

추심금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 6, 2016, Non-Party Central Construction Co., Ltd. (hereinafter “Non-Party Central Construction”) entered into a contract with the Defendant for F&D (hereinafter “instant contract”).

B. On December 26, 2016, the Plaintiffs organized a claim group as to the Plaintiffs’ claim claim amounting to KRW 6,611,073,713 as to the non-party company’s claim amounting to KRW 6,611,073,713 as the Busan District Court Branch Branch Branch of Busan District Court Decision 2016Kadan101341, Dec. 26, 2016, which was the Defendant’s claim amounting to the non-party company’s claim amounting to KRW 132,150,000 against the Defendant. Based on the instant contract, the non-party company was issued a provisional attachment order (hereinafter “instant provisional attachment order”).

C. On March 15, 2017, based on the original copy of the payment order issued by Busan District Court Decision 2016Hu31081, the Plaintiffs: (a) transferred KRW 5,540,858,782, out of KRW 6,611,073,713, the provisional attachment amount of this case, to the seizure of KRW 5,540,858,782; (b) the Plaintiffs may collect the seized claims (the amount of claims against the Defendant of the foreign company) from the Defendant on March 24, 2017, based on the original copy of the payment order issued by Busan District Court Decision 2016Hu310,858,782; and (c) the seizure and collection order of this case was served on the Defendant on March 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, and Gap 3-2

2. The allegations by the parties and the determination thereof

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiffs, the collection right holder, the sum of the collection amount claimed by the plaintiffs out of the attached list (the claim amount against the defendant by plaintiff) and the delay damages for the attached amount, unless there are special circumstances.

B. The defendant.