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(영문) 대구지방법원 2017.09.06 2016나14117

추심금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 2015, the Plaintiff received a decision on provisional seizure of claims (Seoul District Court 2015Kadan3372; hereinafter “decision on provisional seizure of claims”) as to KRW 31,850,000 among “the construction profit, materials, and wage claims for the new construction 2 Dara-Dara located in Sinju-si (hereinafter “instant claim”) from the Defendant.

The decision on provisional seizure of the instant claim was served on June 11, 2015 on the Defendant.

B. The Plaintiff filed a lawsuit against C with the Plaintiff seeking a loan amounting to KRW 31,850,000 (Seoul District Court 2015Da62247). The Plaintiff and C agreed to pay KRW 18,000,000 to the Plaintiff by January 31, 2016, and paid KRW 15% interest per annum from the following day to the date of full payment.

(Dasan District Court 2015Y16525 dated December 1, 2015, 2015 (hereinafter referred to as "instant conciliation protocol") (hereinafter referred to as "instant conciliation protocol") is the same.

On March 2, 2016, the Plaintiff was issued a collection order for the seizure and collection of the instant conciliation protocol by transferring the provisional seizure of KRW 18,162,739, out of the claims subject to provisional seizure of the instant claim, to the original seizure.

(Dasan District Court 2016TTTT 3986, hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order were served on the Defendant on March 8, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 9, 10, the purport of the whole pleadings

2. The Plaintiff’s assertion C lent KRW 31,850,00 from the Plaintiff, and paid, on behalf of the Defendant, taxes, loan interest, etc. on the land E (hereinafter “instant land”) on which the Defendant constructed a new building on behalf of the Defendant. As such, the Defendant has the right to return the said money to the Defendant.

Therefore, according to the collection order and seizure of the instant claim, the Defendant shall pay KRW 18,162,739 to the Plaintiff, a collection right holder of the said claim against the Defendant.