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(영문) 인천지방법원 2014.12.19 2013가합19140

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On October 20, 201, the Plaintiff, on October 20, 201, issued a collection order, etc., with respect to the non-exclusive resources development company (hereinafter “non-exclusive company”).

2) On October 27, 2011, the Plaintiff filed a lawsuit against the Plaintiff seeking the payment of oil (Seoul Southern District Court 201Gau218105), and the said court rendered a decision of performance recommendation with the effect that “the Nonparty Company shall pay to the Plaintiff KRW 16,176,600 and delay damages therefor,” which became final and conclusive on January 26, 2012. However, on the ground that the Nonparty Company did not pay the above amount, the Plaintiff is in the title of execution with the original copy of the said decision of performance recommendation as the title of title, and thus, filed a seizure and collection order (hereinafter “order 1”) against the Defendant of the Nonparty Company’s claim amounting to KRW 16,176,600 among the lease deposit claims for the Plaintiff’s land in Seo-gu, Incheon District District Court 201.

(2) On November 16, 2011, the Plaintiff filed a lawsuit (Seoul Southern District Court 201Gahap22123) against the non-party company seeking the payment of oil (Seoul Southern District Court 201Gahap22123). On June 8, 2012, the conciliation was concluded that “the non-party company shall pay to the Plaintiff KRW 34,00,000,000 by July 6, 2012.”

However, as the Plaintiff did not pay the above amount, the Plaintiff applied for a seizure and collection order on August 5, 2013 (hereinafter “instant order”) with respect to the claim amounting to KRW 34,00,000 among the claim for the refund of the lease deposit against the Defendant of the non-party company in Seo-gu Incheon, Seo-gu, Incheon as the title holder of the above conciliation protocol, and issued a seizure and collection order on August 7, 2013. The original copy of the said order was served on the Defendant, who is the garnishee on August 7, 2013.

3) On October 17, 2011, the Plaintiff’s D Forest Industry Development Co., Ltd. (hereinafter “D Forest Industry Development”)

any purchase-price for the oil.