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(영문) 부산지방법원 2019.06.20 2017가단26047

추심금

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. Basic facts

A. The Plaintiff has a claim for usage fees of KRW 146,198,315 against D Co., Ltd. (hereinafter “D”) according to the payment order for the usage fee case of the Gangseo-si District Court 2016j. 72.

B. On October 18, 2016, the Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) as to KRW 146,198,315 from among the claim for construction cost, which D had against the Defendants based on a contract for the neighborhood living facilities in Busan-gu, Busan-gu, which was concluded with the Defendants, based on the contract for the construction work of the Busan-gu, Busan-gu, which was concluded with the Defendants. The above claim attachment and collection order were served on Defendant C on October 21, 2016, and on November 14, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff seeks payment of KRW 146,198,315 among the construction price claims that D shall receive from the Defendants, based on the instant claim attachment and collection order, against the Defendants, the garnishee, based on the collection order.

B. As to this, the Defendants asserted that there is no claim subject to seizure and collection order of this case since they paid all the construction cost to be paid to D before D renounced the construction work.

3. When a decision of seizure and collection order has been rendered, only the obligor’s right to collect is transferred from the obligee according to such decision, and the obligor’s right to collect is not transferred or reverted to the obligee (Supreme Court Decision 2000Da73490, Mar. 9, 2001). The garnishee may oppose the obligee with substantive reasons, such as the absence and extinguishment of the seized claim, which the obligor had against the obligor in the lawsuit for collection instituted by the obligee.

Does, each description of Eul evidence 1 to 8 (including those with serial numbers) and witness F.