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(영문) 서울중앙지방법원 2016.05.20 2015가단5367949

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2015, the Plaintiff was issued an order to pay the Seoul Central District Court 2015Hu152389, to pay KRW 50,610,000 as the Seoul Central District Court 2015Hu152389, and the delay damages therefor, with the claim against the Plaintiff for the investment bond against the Bank of Bonds (hereinafter “the Bank of Bonds Management”). The payment order to pay KRW 29,190,00 as the Seoul Central District Court 2015Hu152383, Jul. 22, 2015, the payment order to pay KRW 201,00,00 as the Seoul Central District Court 2015Hu152383, and each of the above payment orders became final and conclusive at that time.

B. On July 13, 2015, the Plaintiff filed an application for provisional attachment of the claim against the amount of KRW 100,800,000, out of the dividend payment due to shares issued in the securitization bonds issued against the Defendant, for the management of the beneficiary’s trust assets, with the claim for the above investment bond, and the third obligor, as the Defendant, received the order of provisional attachment of the claim on July 13, 2015.

C. Based on the original copy of the above executory payment order, the Plaintiff filed an application for the provisional attachment and collection order (Seoul District Court 2015TTT2463) to transfer the provisional attachment to the provisional attachment on September 4, 2015, the provisional attachment of KRW 100,800,000, and the remainder of KRW 4,915,318, and the third debtor received the attachment and collection order to transfer the provisional attachment to the Defendant on September 9, 2015, among the dividend payment due to the share of the bond issued in the securitization bonds issued to the Defendant. The above order was served on the Defendant on September 9, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 and 2 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim.