추심금
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.
1. The parties' assertion
A. The Plaintiff acquired the right to collect KRW 23,942,130, out of the loan claims against the Defendant, through the seizure and collection order, to transfer the provisional seizure of the Plaintiff Daegu District Court Kimcheon-si 2014TTT 928 to the provisional seizure. As such, the Defendant is obligated to pay the Plaintiff the above KRW 23,942,130 and the damages for delay.
B. A’s loan claim against the Defendant, a seized claim asserted by the Plaintiff, does not exist, and A has a subcontract construction-related claim against the Defendant, but the said claim has already been extinguished by waiver of the right to the subcontract construction on November 21, 2013, and thus, the Plaintiff’s claim cannot be complied with.
2. Determination
A. If the purport of the entire pleadings is added to the evidence evidence Nos. 1 through 3, the Plaintiff filed a lawsuit against A with the Daegu District Court Kimcheon-dong 2013 Ghana 5909 seeking the performance of the guaranteed obligation. On January 8, 2014, the said court rendered a decision to recommend performance that “A shall pay to the Plaintiff the amount of KRW 20 million and the amount equivalent to KRW 30% per annum from August 2, 2013 to the full payment date.” The said decision to recommend performance became final and conclusive on February 29, 2014; the Plaintiff received a provisional attachment order for KRW 20 million from the loans to the Defendant by the Daegu District Court Kimcheon-dong Branch 2014Kadan150 on February 17, 2014; the Plaintiff obtained the provisional attachment order for KRW 30,000,000 from the loans to the Defendant; and thereafter, the Plaintiff obtained the provisional attachment order for KRW 301,3294,2942,294.
B. Furthermore, according to the testimony of Party A by the witness of Party A as to whether the above loan claims against Party A exist or not, Party A’s testimony was examined, Party A’s evidence Nos. 5 and 6, and Party A’s testimony.