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(영문) 서울중앙지방법원 2019.11.12 2017가단5236377

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On March 8, 2016, the Plaintiff Company D (hereinafter “D”) with Seoul Eastern District Court 2016Kahap101851, March 8, 2016.

(D) On January 12, 2017, “D shall pay to the Plaintiff 316,198,796 won and 300,000,000 won among them at the rate of 18% per annum from September 10, 2016 to the date of full payment” means the Plaintiff’s partial winning judgment (hereinafter “related judgment”).

2) The appellate court rendered a judgment dismissing D’s appeal on October 25, 2017, which became final and conclusive on November 18, 2017.

B. On December 29, 2016, the Plaintiff’s claim for a trademark fee and service payment claim against D as the loan claim against D on December 29, 2016 (Seoul Eastern District Court Decision 2016Kadan52614, hereinafter “instant provisional attachment”).

(2) On March 6, 2017, the Plaintiff received a provisional attachment order (Seoul Eastern District Court 2017TTT51246) and received a provisional attachment and a collection order (Seoul Eastern District Court 2017TTT 2017TT51246) from the Plaintiff on March 30, 2017, on the basis of the relevant judgment.

C. 1) The Seoul Central District Court 2015da5327156, filed a lawsuit against E seeking trademark use fees and service charges, and the above court rendered a judgment citing all D’s claims on August 26, 2016. 2) Accordingly, E appealed appealed 2016Na2061014, and the Plaintiff filed an incidental appeal. On April 27, 2017, the appellate court rendered a judgment in favor of D in full favor of D, “E shall pay 305,085,000 won and its delay damages.”