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(영문) 울산지방법원 2020.08.21 2019가단15563

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff received a payment order (the requested amount KRW 33,186,030) from the Ulsan District Court Decision 2019Da2617, August 28, 2019 for the Plaintiff Co., Ltd. (hereinafter “debtor”), and the said payment order was finalized on September 18, 2019.

B. On October 2019, the Plaintiff was issued a seizure and assignment order for the obligor’s claim against the Defendant (hereinafter “instant assignment order”) with the Ulsan District Court Decision 2019 Taz.9046, and the instant assignment order became final and conclusive on November 5, 2019.

C. The Defendant deposited KRW 100,563,216 to be paid to the obligor as Seoul Central District Court 2019Hun2646, the Defendant deposited KRW 100,563,216 to the obligor. On March 30, 2020, the amount of credit was paid in KRW 33,186,030, the total amount of credit was distributed to the Plaintiff in the distribution procedure Dial of the Ulsan District Court in the Ulsan District Court. The distribution schedule was formulated to the effect that KRW 10,624,249, the remaining amount of credit is distributed to the obligor

On March 30, 2020, the Plaintiff appeared on the date of distribution of distribution procedure by the Ulsan District Court DD, and stated that there was no objection to the said distribution schedule. The said distribution schedule became final and conclusive, and the Plaintiff received the distribution accordingly.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's judgment on this issue are based on the assignment order of this case. The defendant asserts that he is obligated to pay to the plaintiff the total amount of KRW 33,186,030 and delay damages.

The plaintiff's assertion is without merit, since the plaintiff received an order of this case against the defendant based on the claim against the debtor for the entire amount deposited by the defendant in the distribution procedure for the amount deposited by the defendant.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.