추심금
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
We examine ex officio the legitimacy of the instant lawsuit.
1. The following facts are either acknowledged or obvious as a whole in light of the overall purport of Gap evidence No. 2-1 and Gap evidence No. 10 and the overall purport of the arguments.
① The sum of the creditors of the bankrupt D Co., Ltd., a creditor of C (hereinafter “C”) and five (5) trustees, the Korea Deposit Insurance Corporation, and other creditors of D Co., Ltd. (hereinafter “pre-collection creditors of this case”) claims amounting to KRW 50.5 billion, and upon the settlement agreement between the Defendant and C, C each of the claims and the collection order regarding C (hereinafter “the instant monetary claim”) was issued, and each of the claims and collection order was served on the Defendant.
② Prior to the instant collection creditors, the creditors acquired the instant claim for the settlement of accounts against the Defendant against the Defendant as the debt holder No. 3 on August 20, 2019 from the total amount of the claim for the settlement of accounts in the instant case.
E Co., Ltd. (Seoul High Court Decision 2018Na 2018Na 2034658), around August 29, 2013, rendered a judgment that the claim of this case remaining after the completion of prescription and set-off at the time of the closure of the pleadings was KRW 2.358 million (E had withdrawn the lawsuit of this case during the final appeal (No. 7-1 and No. 2 of the evidence No. 2 of the above judgment). Moreover, there is no evidence to deem that the conclusion of the instant case was unfair.
Thus, the prior collection lawsuit of this case where the creditors of the prior collection of this case seek payment of the total amount of KRW 2.358 billion to the defendant can be deemed to have filed a collection lawsuit concerning the total amount of the claim for the settlement of accounts of this case.
Even if the total amount of the gold claims in the instant case exceeds the above KRW 2.35 billion, as long as the sum of the claims for the attachment and collection order of the creditors prior to the instant collection reaches approximately KRW 50.5 billion, the competition of seizure occurred.