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(영문) 부산지방법원 2020.11.12 2020나47144

추심금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

Facts of recognition

A. In order to preserve C’s claim for goods price claim 27,508,536 won, the Plaintiff filed an application for provisional attachment against C’s claim for goods price claim 2018Kadan101776 with the Busan District Court Branch Branch Decision 2018Kadan10176, and was issued a provisional attachment order on October 22, 2018 by the above court (hereinafter “instant provisional attachment order”). The provisional attachment order was served on the Defendant on October 24, 2018.

B. Based on the executory exemplification of the judgment in Busan District Court Decision 2018Gaso3532, the Plaintiff filed an application for seizure and collection order as to C’s claim amount as KRW 31,542,116 with respect to “A’s claim amount among the claim for the purchase of goods against the Defendant.” On December 27, 2019, with respect to KRW 27,508,536 out of the above claim for the purchase of goods, the instant provisional seizure was transferred from the above court to the original seizure, and the remainder of KRW 4,03,580 was additionally seized for KRW 4,03,580. The instant collection order was served on the Defendant, who is the debtor on January 2, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. In order to preserve the claim for the purchase price of goods against C, the Plaintiff asserted that C is liable to pay the claim amount under the above collection order to the Plaintiff, since C received the seizure and collection order for the claim for the purchase price of goods held by the Defendant.

On the other hand, the defendant asserts that there is no collection amount to be paid to the plaintiff since it has paid the full amount of the goods to C.

3. Determination

A. Even if there exists a seizure and collection order against the claim, it is nothing more than granting the creditor the right of collection of the seized claim alleged to be held by the debtor against the garnishee, and the seizure of that claim.