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(영문) 서울북부지방법원 2016.10.13 2014가합6408

추심금

Text

1. The Defendant’s KRW 37,500,000 as well as 5% per annum from October 17, 2014 to October 13, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff has a claim of KRW 260,700,000 based on the payment order issued by the Seoul Northern District Court 2013 tea 343 against B.

(hereinafter “Plaintiff’s Claim”). B.

On May 12, 2014, the Plaintiff seized the claim amount of KRW 260,700,000 against B based on the instant claim against the Defendant (hereinafter “instant claim”). (Seoul Western District Court 2014Kadan30235), and subsequently, issued the attachment and collection order of the instant provisional seizure to the Seoul Western District Court 2014TTT1370 on August 20, 2014 (hereinafter “instant seizure and collection order”), and the above written decision was served on the Defendant and B around that time.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 3 through 5, and 10, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff received a seizure and collection order regarding the instant claim B based on the Plaintiff’s claim. Therefore, the Defendant, the garnishee, is obligated to pay KRW 260,700,000 to the Plaintiff according to the seizure and collection order.

(B) In analyzing the details of the passbook transaction between B and the Defendant, B can be seen as having a claim against the Defendant, such as a loan amounting to KRW 258,902,50.

Judgment

(1) First, since the defendant bears the obligation of KRW 37,500,000 against B, the plaintiff's claim against this part is justified.

(2) Next, as to the existence of the instant B claims exceeding the amount Defendant’s identity, the Health Council, and the Witness B failed to specify at all the amount of the Defendant’s loan claims in this Court. The remainder of the evidence presented by the Plaintiff alone is insufficient to recognize the existence of the instant claims exceeding the amount of the Defendant’s identity, and there is no other evidence to acknowledge it.