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(영문) 수원지방법원 2016.02.02 2015가단23198

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the Plaintiff was issued a provisional attachment order on KRW 53,850,000 of the Promissory Notes (No. 277 and No. 278 of the No. 2014, No. 278 of the No. 2015Kadan308 of the Seoul Eastern District Court Decision 2015, Jan. 28, 2015, for the total construction of forestry (hereinafter “non-party company”) against the non-party company’s medical corporation under the jurisdiction of the Seoul East Eastern District Court Decision 2014Kadan3258, and the provisional attachment order was served on the medical corporation and the medical corporation and 278 of the No. 2014. The provisional attachment order was served on the medical corporation and 00 Medical Foundation on the 30th of the same month.

Then, on March 10, 2015, the Plaintiff issued a collection order for the seizure and collection of the instant claim to the non-party company, the third debtor medical corporation, the amount of KRW 54,314,280, which was issued by the non-party company, the third debtor medical corporation, and the amount of KRW 54,314,280 (hereinafter “instant collection order”). On March 13, 2015, the collection order for the seizure and collection of the instant claim was served to the medical corporation foundation.

On the other hand, on June 8, 2015, the medical corporation's White Medical Foundation was decided to commence rehabilitation as the Suwon District Court 2015 Ma1015, and the defendant was appointed as the administrator.

On July 1, 2015, the Plaintiff reported the above rehabilitation claim to Suwon District Court, but the Defendant raised an objection thereto.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 through 5 (including each unit number, if any, and each unit number; hereinafter the same shall apply) and the overall purport of the pleading, the above facts of recognition as to the cause of claim as a whole, the defendant is obligated to pay 54,314,280 won and delay damages to the plaintiff, unless there are special circumstances.

Since the defendant's assertion as to the defendant's assertion, the non-party company transferred the claim of this case to the non-party B before the medical corporation reaches the White Medical Foundation, it is argued that the seizure and collection order of this case is invalid.

Judgment

In full view of the contents of evidence Nos. 1 to 3, 6, and 7, the non-party company is a company.