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(영문) 창원지방법원마산지원 2019.08.29 2019가단102430

추심금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 21, 2018, the Plaintiff: C (hereinafter “C”) and the third obligor: Defendant, the amount of claims: KRW 284,198,402; and claims seized: A decision of provisional seizure of claims (No. 2018Kadan10890; hereinafter “decision of provisional seizure of claims”); and on November 23, 2018, the provisional seizure of claims was served on the Defendant.

B. Meanwhile, on November 12, 2018, the Plaintiff received a payment order (hereinafter “instant payment order”) with the rate of 15% per annum from the Changwon District Court Branch Branch: 284,198,402 won and damages for delay calculated at the rate of 15% per annum from November 8, 2018 to the date of full payment. The payment order was finalized on December 8, 2018. < Amended by Act No. 13637, Nov. 8, 2018>

C. On December 31, 2018, the Plaintiff received a collection order for the attachment and collection of the instant claim (2018TTT 74268; hereinafter “instant claim attachment and collection order”) from the Changwon District Court Branch Branch to the original seizure order based on the instant payment order. On January 3, 2019, the Plaintiff issued a collection order for the attachment and collection of the instant claim to the Defendant.

On the other hand, on December 21, 2018, C opened an account (D; hereinafter “instant account”) with the Defendant bank from January 18, 2019 to February 18, 2019, C paid KRW 134,703,664 (hereinafter “the instant money”) to a third party (other than the Plaintiff’s creditors) from the instant account from January 18, 2019 to February 18, 2019. The amount that the Defendant paid to the Plaintiff based on the instant claim attachment and collection order was KRW 3,918,758, and KRW 656,350 on April 25, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), response to the request for financial transaction information to the Director of the B Business Support Center of this Court, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion is entered into the instant account.