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(영문) 광주고등법원 2019.07.10 2019나20770

추심금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion cited in the reasoning of the judgment of the court of first instance is not different from the assertion made in the court of first instance. In light of the evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance are

(The plaintiff did not present any evidence in this court). The reasons for the judgment of this court are as follows, and as seen in Paragraph (2) above, the reasons for the judgment of the court of first instance are as follows, except for adding the part of the court below and the argument and the judgment thereon emphasized by this court, and therefore, they are cited in accordance with the main sentence of Article 420

An abbreviation shall be based on the abbreviation of the judgment of the court of first instance.

▣ 제1심판결문 3쪽 위에서 5줄의 ‘C은’을 ‘C은 E과 연대하여’로 고친다.

▣ 제1심판결문 5쪽 위에서 14줄의 ‘이 사건 이 사건 사실확인서’를 ‘이 사건 사실확인서’로 고친다.

2. As to the assertion made by this court

A. On March 23, 2017, the Defendant asserted that the Plaintiff’s assertion is invalid on June 10, 2016, which was written between D and D, and “D, F, D, and H representative director I” on March 23, 2017: Provided, That the Defendant prepared a letter of commitment that “250,000,000 won already paid to D was recognized as having been paid in accordance with the said letter of commitment” (hereinafter referred to as “instant letter of commitment”), and withdrawn the assignment of claims to C’s D regarding the remainder other than KRW 250,00,000,000 (hereinafter referred to as “transfer of claims”).

After that, the plaintiff received the seizure and collection order of the case, and served the decision on the defendant, who is the garnishee, the plaintiff. D cannot oppose the plaintiff, the collection obligee, with the assignment of the case, the counterclaim of which was withdrawn as above.

Therefore, the defendant is obligated to pay to the plaintiff, the collection obligee of the excess interest of this case, KRW 254,120,420, and delay damages.

B. Further to the purport of the entire pleadings, the aforementioned evidence is examined.