beta
(영문) 울산지방법원 2018.07.12 2017나25109

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. In full view of the facts alleged in the ground of appeal Nos. 1, 2, and 2-1, 2, 3, and 8 of the evidence No. 1, as well as the overall purport of the arguments and arguments, the following facts can be acknowledged:

1) On November 3, 2012, C entered into a lease agreement with the Defendant on the condition that the lease deposit is set at KRW 22,00,000,000 without monthly rent, and the contract period from December 31, 2012 to December 31, 2014. (2) The Plaintiff filed an application for provisional attachment against C on July 3, 2014 with the Defendant regarding KRW 40,384,636, out of the claim for refund of the above lease deposit against C’s tort, and was served on the Defendant on August 5, 2014 (Ulsan District Court Decision 2014Kadan2034), and the provisional attachment order was served on the Defendant, a debtor, who is the debtor, on August 3, 2014.

3) After that, on April 23, 2015, the Plaintiff filed a lawsuit against C claiming for damages arising from the above unlawful act (Ulsan District Court 2015da9775). The appellate court rendered a judgment of 36,377,973 won among the Plaintiff’s claims on January 18, 2017, and the judgment of referring it within the scope of the damages for delay (Blsan High Court 2015Na4856). The above judgment became final and conclusive on February 7, 2017. 4) Based on the above judgment, on April 3, 2017, the Plaintiff applied for the seizure and collection order on April 11, 2017, to the Defendant for the seizure and collection order on the above provisional seizure (the above provisional seizure order was issued on April 11, 2017).

B. According to the above facts, the defendant, the third debtor, is the defendant, unless there are special circumstances, to the plaintiff, the collection creditor of the above collection amount of KRW 40,384,636.